Taxation of Chargeable Gains Act 1992, section 68

Meaning of “settled property"

Part III Individuals, partnerships, trusts and collective investment schemes etc

Definitions used in section 68 3

property

(6) Sub-paragraphs (4) and (5) above apply for the purposes of paragraph (b) of sub-paragraph (1) above as they apply for the purposes of paragraph (a), reading “income” for “property".

Defined in Sch.5 para.2(6) · see it in the full Act

(a) the reference to “assets” were a reference to “property”, and

Defined in Sch.4ZA para.22(2) · see it in the full Act
settlement

(a) “settlement” has the same meaning as in section 620 of ITTOIA 2005, and

Defined in s.286(3ZA) · see it in the full Act

“settlement” has the meaning given by section 620 of ITTOIA 2005, and

Defined in s.97(7) · see it in the full Act
settled property

“settled property” and references (however expressed) to property comprised in a settlement shall be construed accordingly .

Defined in s.97(7) · see it in the full Act

Cases considering section 68 3

Coombes v Revenue & Customs

[2007] EWHC 3160 (Ch) · 20 November 2007Defines

Section 68 supplied the relevant meaning of settled property: property held in trust other than property to which section 60 applied. The land owned by Rose Lodge was not property held on the settlement trusts and therefore did not satisfy that description. (see paras [23]–[24], [28])

Trennery (Respondent) v. West (Her Majesty's Inspector of Taxes (Appellant) and four other actions

[2005] UKHL 5 · 27 January 2005Defines

Used to define settled property broadly as property held in trust other than property held by a nominee or bare trustee, and hence to explain the capital gains tax meaning of a settlement.

HM Revenue & Customs v Smallwood

[2007] EWCA Civ 462 · 17 May 2007

Section 68 supported the conclusion that the trust property was not settled property for capital gains tax purposes because the unit holders were collectively absolutely entitled to it. (see para [52])

What each judgment says about section 68 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F257Words in s. 68 substituted (retrospective to 6.4.2006) by Finance Act 2006 (c. 25), Sch. 12 para. 1(1)(3)