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Home / Simons-Taxes /Personal and employment tax /Part E1 Income tax /Division E1.11 Transfer of assets abroad /Transfer of assets abroad—charge on individuals receiving a benefit / E1.1119 Charge under ITA 2007, s 731 on transfer of assets abroad—settlor liable in certain cases
Commentary

E1.1119 Charge under ITA 2007, s 731 on transfer of assets abroad—settlor liable in certain cases

Personal and employment tax

Following abolition of the remittance basis by Finance Bill 2025 rules for settlor interested trusts are substantially modified and the concept of protected foreign-source income ceases1.

For the rules from 6 April 2025, where there may be a settlor liability see, E1.1121. For the onward gifts rules as they apply to qualifying new resident and non-residents, with transitional provisions, from 6 April 2025, see E1.1122.

Settlor liability to 5 April 2025

Under certain circumstances for 2017/18 onwards, until 5 April 2025, liability for the tax charged under ITA 2007, s 731 at E1.1117 is transferred to the settlor of the settlement referred to in the definitions of protected foreign-source income at E1.1109 and E1.11142.

This applies where all of conditions (a)–(f) below are met. In such a case,

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Web page updated on 17 Mar 2025 16:40