{
  "url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992/schedule-5A/paragraph-4",
  "json_url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992/schedule-5A/paragraph-4.json",
  "legislation": "ukpga/1992/12",
  "legislation_title": "Taxation of Chargeable Gains Act 1992",
  "legislation_url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992",
  "path": "schedule/5A/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) This paragraph applies if a settlement is created on or after 19th March 1991, and at the time it is created—\n(a) the trustees are not resident in the United Kingdom, or\n(b) the trustees are resident ... in the United Kingdom but fall to be regarded for the purposes of any double taxation relief arrangements as resident in a territory outside the United Kingdom.\n(2) Any person who—\n(a) is a settlor in relation to the settlement at the time it is created,\n(b) where that time was before 6 April 2025, did not fulfil the condition mentioned in sub-paragraph (3) below at that time or at any time before 6 April 2025,\n(ba) where that time was on or after 6 April 2025, does not fulfil the condition mentioned in sub-paragraph (3A) below at that time,\n(c) first fulfils the condition mentioned in sub-paragraph (3A) below at a time falling on or after 6 April 2025,\nshall, before the expiry of the period of twelve months beginning with 31 January after the end of the tax year in which the relevant day falls, deliver to the Board a return specifying the particulars mentioned in sub-paragraph (4) below.\n(3) The condition is that the person concerned is domiciled in the United Kingdom and is resident in the United Kingdom.\n(3A) The condition is that the person concerned is resident in the United Kingdom and is not a qualifying new resident within the meaning of Schedule D1.\n(4) The particulars are—\n(a) the day on which the settlement was created;\n(b) the name and address of the person delivering the return;\n(c) the names and addresses of the persons who are the trustees immediately before the delivery of the return.\n(5) For the purposes of sub-paragraph (2) above the relevant day is the day on which the person first fulfils the condition as mentioned in paragraph (c) of that sub-paragraph.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 5A inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 97(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 5A para. 4(1)(a) substituted (with effect in accordance with Sch. 12 para. 30(6) of the amending Act) by Finance Act 2006 (c. 25), Sch. 12 para. 30(1)(2)(c)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 5A para. 4(1)(a) substituted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 109(4)(a)(i) (with Sch. 46 para. 109(6))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 5A para. 4(1)(b) substituted (with effect in accordance with Sch. 12 para. 34(4) of the amending Act) by Finance Act 2006 (c. 25), Sch. 12 para. 34(1)(2)(g)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 5A para. 4(1)(b) omitted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 109(4)(a)(ii) (with Sch. 46 para. 109(6))"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 5A para. 4(2)(b)(ba) substituted for Sch. 5A para. 4(2)(b) (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 40(4), Sch. 9 para. 20(3)(a) (with Sch. 9 para. 20(4)(5))"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. 5A para. 4(2)(c) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 40(4), Sch. 9 para. 20(3)(b)(i) (with Sch. 9 para. 20(4)(5))"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Sch. 5A para. 4(2)(c) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 40(4), Sch. 9 para. 20(3)(b)(ii) (with Sch. 9 para. 20(4)(5))"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Sch. 5A para. 4(2) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 40(4), Sch. 9 para. 20(3)(c) (with Sch. 9 para. 20(4)(5))"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Word in Sch. 5A para. 4(3) substituted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 109(4)(b) (with Sch. 46 para. 109(6))"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Sch. 5A para. 4(3A) inserted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 40(4), Sch. 9 para. 20(3)(d) (with Sch. 9 para. 20(4)(5))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1992/12/schedule/5A/paragraph/4",
    "retrieved_at": "2026-11-14T03:34:05.925206+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}