Page 46 - P6 Slide Taxation - Lecture Day 2 - Trust
P. 46

Par 80(3)








          • Where during any year of assessment any resident acquires a

               vested right to any amount representing capital of any trust which is
               not a resident, and—


          (a) that capital arose from—

          (i) a capital gain of that trust; or

          (ii) Any amount which would have constituted a capital gain of that

          trust had that trust been a resident, determined in any previous year

          of assessment during which that resident had a contingent right to
          that capital; and

          • (b) that capital gain has not been subject to tax in the Republic in

               terms of the provisions of this Act,

          • that amount must be taken into account for the purposes of

               calculating the aggregate capital gain or aggregate capital loss of

               that resident in that year of assessment.





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