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Finance Act 1991

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This is the original version (as it was originally enacted).

More than one qualifying amount

5(1)This paragraph applies where—

(a)a capital payment is made by the trustees of a settlement on or after 6th April 1992,

(b)the payment is made in a year of assessment for which section 80 applies to the settlement or in circumstances where section 81(2) treats chargeable gains as accruing in respect of the payment,

(c)the whole payment is matched with qualifying amounts of the settlement for different years of assessment, each falling at some time before that immediately preceding the one in which the payment is made, and

(d)a beneficiary is charged to tax in respect of the payment by virtue of section 80 or 81(2).

(2)For the purposes of this Schedule—

(a)the capital payment (the main payment) shall be treated as being as many payments (subsidiary payments) as there are qualifying amounts,

(b)a qualifying amount shall be attributed to each subsidiary payment and each payment shall be quantified accordingly, and

(c)the tax in respect of the main payment shall be divided up and attributed to the subsidiary payments on the basis of a just and reasonable apportionment.

(3)Paragraph 4 above shall apply in the case of each subsidiary payment, the qualifying amount attributed to it and the tax attributed to it.

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