Commentary

E1.1106 Transfer of assets abroad—power to enjoy income

Personal and employment tax

E1.1106 Transfer of assets abroad—power to enjoy income

E1.1106 Transfer of assets abroad—power to enjoy income

For the purposes of the transfer of assets abroad (TOAA) rules, an individual is treated as having power to enjoy income of a person abroad if one or more of the enjoyment conditions (A)–(E) below are met. In determining whether an individual has power to enjoy income, regard must be had to the substantial result and effect of all the relevant transfers (see E1.1103) and/or associated operations (see E1.1104). In making that determination all benefits which may at any time accrue to the individual as a result of the transfer and any associated operations must be taken into account, regardless of their nature of form or whether the individual has legal or equitable rights in respect of them1.

The enjoyment conditions are that2:

  1.  

    (A)     the income is, in fact, so dealt with by any person as to be calculated, at some point of time, and whether in the form of income or not, to enure for the benefit of the individual

  2.  

    (B)     the receipt or accrual of the income operates to increase the value to the individual of any assets he holds or any assets held for his benefit

  3.  

    (C)     the individual receives, or is entitled to receive, at any time, any benefit provided, or to be provided, out of:

    1.  

      •     the income, or

    2.  

      •     any money available for the purpose of providing the benefit as a result of the effect (or successive effects), on the income and on any assets representing the

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