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Income Tax (Trading and Other Income) Act 2005

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Change 1

What to do with it
As published

629 Income paid to relevant children of settlor

(1) Income which arises under a settlement is treated for income tax purposes as the income of the settlor and of the settlor alone for a tax year if, in that year and during the life of the settlor, it— (a) is paid to, or for the benefit of, a relevant child of the settlor, or (b) would otherwise be treated (apart from this section) as income of a relevant child of the settlor. (2) Subsection (1) does not apply to income which is treated as income of the settlor under section 624. (3) Subsection (1) does not apply in relation to a child's relevant settlement income in any tax year if, in that year, the total amount of that income does not exceed £100. (4) In subsection (3) a child's “relevant settlement income” means income— (a) which is paid to or for the benefit of, or otherwise treated as income of, the child, and (b) which (apart from subsection (3)) would be treated as income of the settlor under subsection (1). (5) Subsection (1) does not apply so far as provided by section 630 (exception for gifts to charities) .... (6) See— section 631 for the treatment for the purposes of subsection (1) of retained or accumulated income, and section 632 for the treatment for the purposes of this section and section 631 of certain deemed income connected to offshore income gains. (7) In this section and sections 631 and 632— (a) “child” includes a stepchild, (b) “minor” means a person under the age of 18 years, and “minor child” is to be read accordingly, . . . (c) references to payments include payments in money's worth , and (d) “relevant child” means a minor child who is unmarried or not in a civil partnership. (8) Subsection (1) is subject to section 28A of FA 2005.

Your change, as a redline

629 Income paid to relevant children of settlor

(1) Income which arises under a settlement is treated for income tax purposes as the income of the settlor and of the settlor alone for a tax year if, in that year and during the life of the settlor, it— (a) is paid to, or for the benefit of, a relevant child of the settlor, or (b) would otherwise be treated (apart from this section) as income of a relevant child of the settlor. (2) Subsection (1) does not apply to income which is treated as income of the settlor under section 624. (3) Subsection (1) does not apply in relation to a child's relevant settlement income in any tax year if, in that year, the total amount of that income does not exceed £100. (4) In subsection (3) a child's “relevant settlement income” means income— (a) which is paid to or for the benefit of, or otherwise treated as income of, the child, and (b) which (apart from subsection (3)) would be treated as income of the settlor under subsection (1). (5) Subsection (1) does not apply so far as provided by section 630 (exception for gifts to charities) .... (6) See— section 631 for the treatment for the purposes of subsection (1) of retained or accumulated income, and section 632 for the treatment for the purposes of this section and section 631 of certain deemed income connected to offshore income gains. (7) In this section and sections 631 and 632— (a) “child” includes a stepchild, (b) “minor” means a person under the age of 18 years, and “minor child” is to be read accordingly, . . . (c) references to payments include payments in money's worth , and (d) “relevant child” means a minor child who is unmarried or not in a civil partnership. (8) Subsection (1) is subject to section 28A of FA 2005.

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