97 Supplementary provisions

97  Supplementary provisions

(1)     In [sections 86A] to 96 [and Schedule 4C] and this section “capital payment”—

(a)     means any payment which is [neither—

(i)     chargeable to income tax on the recipient, nor

(ii)     chargeable to income tax on another person under any of sections 643A, 643J and 643L of ITTOIA 2005 and sections 733A, 733C and 733E of ITA 2007, or,] in the case of a recipient who is [not resident] in the United Kingdom, any payment received otherwise than as income, but

(b)     does not include a payment under a transaction entered into at arm's length if it is received on or after 19th March 1991.

(2)     In subsection (1) above references to a payment include references to the transfer of an asset and the conferring of any other benefit, and to any occasion on which settled property becomes property to which section 60 applies.

(3)     The fact that the whole or part of a benefit is by virtue of [section 643A or 643J or 643L of ITTOIA 2005, or sections 731 to 733E of ITA 2007, treated as an individual's] income for a year of assessment

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