Section 809M — Income Tax Act 2007: Meaning of “relevant person”

Meaning of “relevant person” 809M 1 This section applies for the purposes of this Chapter .

2 A “ relevant person ” is—

a the individual, b the individual's husband or wife, c the individual's civil partner, d a child or grandchild of a person falling within any of paragraphs (a) to (c), if the child or grandchild has not reached the age of 18, e a close company in which a person falling within any other paragraph of this subsection is a participator or a company which is a 51% subsidiary of such a close company , f a company in which a person falling within any other paragraph of this subsection is a participator, and which would be a close company if it were resident in the United Kingdom, or a company which is a 51% subsidiary of such a company, g the trustees of a settlement of which a person falling within any other paragraph of this subsection is a beneficiary, or h a body connected with such a settlement.

3 For that purpose—

a two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other, c “ close company ” is to be read in accordance with Chapter 2 of Part 10 of CTA 2010 (see in particular section 439 of that Act ) , ca “ participator ”, in relation to a close company, means a person who is a participator in relation to the company for the purposes of section 455 of CTA 2010 (see sections 454 and 455(5) of that Act) and, in relation to a company that would be a close company if it were resident in the United Kingdom, means a person who would be such a participator if it were a close company, cb “ 51% subsidiary ” has the same meaning as in the Corporation Tax Acts (see Chapter 3 of Part 24 of CTA 2010 ),

d “ settlement ” and “ settlor ” have the same meaning as in Chapter 2 of Part 9, e “ beneficiary ”, in relation to a settlement, means any person who receives, or may receive, any benefit under or by virtue of the settlement, f “ trustee ” has the same meaning as in section 993 (see, in particular, section 994(3)),

and g a body is “connected with” a settlement if the body falls within section 993(3)(c), (d), (e) or (f) as regards the settlement.