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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.11 Income tax and CGT for settlors /Capital sums treated as income of the settlor / I5.1135 Meaning of 'capital sum' treated as income
Commentary

I5.1135 Meaning of 'capital sum' treated as income

IHT, trusts and estates

I5.1135 Meaning of 'capital sum' treated as income

For the purpose of these provisions, a 'capital sum' means1:

  1. Ìý

    (a)ÌýÌýÌýÌý any sum paid by way of loan or repayment of a loan (see I5.1138), and

  2. Ìý

    (b)ÌýÌýÌýÌý any other sum paid otherwise than as income, and which is not paid for full consideration in money or money's worth

A sum is not a capital sum for this purpose if it could only have been paid to the settlor in the event of2:

  1. Ìý

    (i)ÌýÌýÌýÌý the bankruptcy of a person who is or may become beneficially entitled to the property concerned

  2. Ìý

    (ii)ÌýÌýÌýÌý the bankruptcy of a living beneficiary under the age of 25

  3. Ìý

    (iii)ÌýÌýÌýÌý an assignment of, or charge on, the property by a beneficiary within (i) or (ii)

  4. Ìý

    (iv)ÌýÌýÌýÌý in the case of a marriage settlement (and, after 5 December 2005, a civil

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