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Where a settlement is a protected settlement (see I5.1228) it loses its protection and becomes a qualifying settlement, and subject to the settlor charge, for the year in which any one of the following 'tainting' events take place and for subsequent years¹:

1. Ìý

   (1)ÌýÌýÌýÌý New property or income is provided directly or indirectly to the settlement²

2. Ìý

   (2)ÌýÌýÌýÌý The trustees become non-resident or treaty non-resident³

3. Ìý

   (3)ÌýÌýÌýÌý The terms of the settlement are varied so that a defined person can benefit⁴

4. Ìý

   (4)ÌýÌýÌýÌý Even though the terms of the settlement do not allow a defined person⁵ to benefit, in practice they do receive a benefit⁶

5. Ìý

   (5)ÌýÌýÌýÌý The settlement ceases to be a protected settlement at any time on or after 6 April 1999⁷

Trusts with deemed domiciled settlors that satisfy the conditions for exemption from the settlor charge (see I5.1228) must also ensure that they do not fall foul of the tainting provisions specified for those particular trusts⁸.

Events