Section 169VH — Taxation of Chargeable Gains Act 1992: Disposals by trustees: further conditions for relief

Disposals by trustees: further conditions for relief 169VH 1 Where a disposal falling within section 169VC(1)(a) and (b) is made by the trustees of a settlement, section 169VC does not apply to the disposal unless there is at least one individual who is an eligible beneficiary in respect of the disposal.

2 For the purposes of this section, an individual is an “eligible beneficiary” in respect of the disposal if—

a at the time immediately before the disposal, the individual has under the settlement an interest in possession in settled property that includes or consists of the holding of shares mentioned in section 169VC(1),

b the individual has had such an interest in possession under the settlement throughout the period of 3 years ending with the date of the disposal, c at no time in that period has the individual been a relevant employee in respect of the company that issued the shares (within the meaning given by section 169VW),

and d the individual has (by the time of the claim under section 169VC in respect of the disposal) elected to be treated as an eligible beneficiary in respect of the disposal.

3 For the purposes of subsection (2)(d), an individual elects to be treated as an eligible beneficiary in respect of a disposal if the individual tells the trustees (by whatever means) that he or she wishes to be so treated; and an election under subsection (2)(d) may be withdrawn by the individual at any time until the claim is made.

4 In this section “ interest in possession ” does not include an interest in possession for a fixed term.

5 In relation to a disposal made by the trustees of a settlement, any reference in section 169VB(2)(g) to the investor is to be read as a reference to any trustee of the settlement.