C1SCHEDULE 5HIGHER RATES RESIDENTIAL PROPERTY TRANSACTIONS

Annotations:
Modifications etc. (not altering text)

C1PART 5SUPPLEMENTARY PROVISIONS

Settlements and bare trusts

I1C128

1

Sub-paragraph (3) applies where—

a

a person is a beneficiary under a settlement,

b

a major interest in a dwelling forms part of the trust property, and

c

under the terms of the settlement, the beneficiary is entitled to—

i

occupy the dwelling for life, or

ii

income earned in respect of the dwelling.

2

Sub-paragraph (3) also applies where—

a

a person is a beneficiary under a bare trust (within the meaning given by paragraph 2(1) and (2) of Schedule 8), and

b

a term of years absolute in a dwelling forms part of the trust property.

3

Where this sub-paragraph applies—

a

the beneficiary is to be treated for the purposes of this Schedule as holding the interest in the dwelling, and

b

if the trustee of the settlement or bare trust disposes of the interest, the beneficiary is to be treated for the purposes of this Schedule as having disposed of it.