Section 464 — Income Tax Act 2007: Scottish trusts

Scottish trusts 464 1 This section applies if—

a income arises to trustees under a trust having effect under the law of Scotland, b the trustees are UK resident, and c a beneficiary under the trust (“B”) would have an equitable right in possession to the income if the trust had effect under the law of England and Wales.

2 B is treated for income tax purposes as having an equitable right in possession to the income (even though B has no such right under the law of Scotland).