[89A Self-settlement by person [expected to fall within the definition of “disabled person”]]

[89A  Self-settlement by person [expected to fall within the definition of “disabled person”]]

[(1)     This section applies to property transferred by a person (“A”) into settlement on or after 22nd March 2006 if—

(a)     A was beneficially entitled to the property immediately before transferring it into settlement,

(b)     A satisfies the Commissioners for Her Majesty's Revenue and Customs that, when the property was transferred into settlement, A had a condition that it was at that time reasonable to expect would have such effects on A as to lead to A becoming [a person falling within any paragraph of the definition of “disabled person” in paragraph 1 of Schedule 1A to the Finance Act 2005], and

(c)     the property is held on trusts—

(i)     under which, during the life of A, no interest in possession in the settled property subsists, and

(ii)     which secure that Conditions 1 and 2 are met.

(2)     Condition 1 is that if any of the settled property is applied during A's life for the benefit of a beneficiary, it is applied for the benefit of A.

(3)     Condition 2 is that any power to bring the trusts mentioned in subsection (1)(c) above to an end

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