[87M Cases where recipient of onward gift is user of remittance basis]

[87M  Cases where recipient of onward gift is user of remittance basis]

[(1)     Subsection (2) applies where—

(a)     ignoring this section, a person is treated by section 87K(2) as receiving a capital payment from the trustees of a settlement at a time (“the time of receipt”) in a tax year,

(b)     section 809B, 809D or 809E of ITA 2007 (remittance basis) applies to the person for that tax year, and

(c)     the payment is not treated by section 87L(2) as received by the settlor.

(2)     Section 87I(1)(a) has effect as if the capital payment were received from the trustees by the person at the time of receipt, and section 87K(2)(a) and (b) do not

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