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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.11 Income tax and CGT for settlors /Circumstances when a settlor (or family member) is chargeable to income tax / I5.1121 Meaning of deemed settlor for income tax
Commentary

I5.1121 Meaning of deemed settlor for income tax

IHT, trusts and estates

The basic definition of a settlor, in relation to a settlement, is any person by whom the settlement was made1. A more extended meaning is given by providing that the following persons are deemed to have made a settlement2:

  1. Ìý

    •ÌýÌýÌýÌý a person who has made or entered into the settlement directly or indirectly

  2. Ìý

    •ÌýÌýÌýÌý a person who has provided or undertaken to provide funds directly or indirectly for the purpose of the settlement

  3. Ìý

    •ÌýÌýÌýÌý a person who has made with any other person a reciprocal arrangement for that other person to make or enter into a settlement

It would appear that a person with a prior life interest or other prior interest in a settlement who assigns that interest may be the settlor of another settlement. Also, a person who consents to an advance to a beneficiary (either in accordance with the powers under the trust or under the Trustee Act 1925, s 32) may be a settlor, see I5.1128.

In Crossland3,

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Web page updated on 17 Mar 2025 16:17