cgta79/s63.- Capital Gains Tax Act 1979 Section 63 Connected persons: interpretation.

[1965 Sch. VII
21(1).]

63. - (1) Any question whether a person is connected with another shall for the purposes of this Act be determined in accordance with the following subsections of this section (any provision that one person is connected with another being taken to mean that they are connected with one another).

[1965.Sch. VII
21(2).]

(2) A person is connected with an individual if that person is the individual's husband or wife, or is a relative or the husband or wife of a relative, of the individual or of the individual's husband or wife.

[1965 Sch. VII
21(3); 1970
Sch. XV 11.]

(3) A person, in his capacity as trustee of a settlement, is connected with any individual who in relation to the settlement is a settlor, with any person who is connected with such an individual and with a body corporate which, under section [681 ¹ ] of the Taxes Act, is deemed to be connected with that settlement ("settlement" and "settlor" having for the purposes of this subsection the meanings assigned to them by subsection [(4) ² ] of the said section [681 ¹ ].

[1965 Sch. VII
21(4).]

(4) Except in relation to acquisitions or disposals of partnership assets pursuant to bona fide commercial arrangements, a person is connected with any person with whom he is in partnership, and with the husband or wife or a relative of any individual with whom he is in partnership.

[1965 Sch. VII
21(5).]

(5) A company is connected with another company -

(a) if the same person has control of both, or a person has control of one and persons connected with him, or he and persons connected with him, have control of the other, or

(b) if a group of two or more persons has control of each company, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person with whom he is connected.

[1965 Sch. VII
21(6).]

(6) A company is connected with another person, if that person has control of it or if that person and persons connected with him together have control of it.

[1965 Sch. VII
21(7).]

Any two or more persons acting together to secure or exercise control of a company shall be treated in relation to that company as connected with one another and with any person acting on the direction of any of them to secure or exercise control of the company.

[1965 Sch. VII
21(8).]

(8) In this section "relative" ³ means brother, sister, ancestor or lineal descendant.

* * * * *

1 1988(T) Sch.29, para.32. Originally "454".

2 1988(T) Sch.29, para.32. Originally "(3)".

3 Includes uncle, aunt, nephew and niece for the purposes of IHTA 1984 - see IHTA 1984 s.270.