{"id":15881,"date":"2023-08-03T04:12:45","date_gmt":"2023-08-03T04:12:45","guid":{"rendered":"https:\/\/www.theukrules.co.uk\/?page_id=15881"},"modified":"2023-09-20T04:43:13","modified_gmt":"2023-09-20T04:43:13","slug":"cgt","status":"publish","type":"page","link":"https:\/\/www.theukrules.co.uk\/rules\/employment\/taxation\/capital-gains\/trusts\/cgt\/","title":{"rendered":"UK Rules for Trusts and Capital Gains Tax (CGT) Explained"},"content":{"rendered":"
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You may need to pay Capital Gains Tax (CGT) after putting assets into a trust, after taking them out, or when the (either):<\/p>\n
The person responsible for paying tax when assets go into a trust will be the one who sells it to the trust or the ‘settlor<\/a>‘ (transferor).<\/p>\n Note<\/strong>: Transferring the assets held in a ‘bare trust<\/a>‘ to the beneficiary (usually a child under the age of eighteen) means there would be no tax to pay.<\/p>\n As a rule, the trustee(s) must pay the tax after selling or transferring assets for the beneficiary (e.g. after taking them out of the trust).<\/p>\n It is not uncommon to transfer an asset to another person (e.g. when an ‘interest in possession trust<\/a>‘ ends, such as when the named person dies). In this case, Capital Gains Tax would not be payable.<\/p>\n <\/p>\n <\/p>\n Most beneficiaries who are children get ‘absolute entitlement’ when they reach the age of eighteen (18). Hence, they would get some (or all) of the assets held in the trust and would be able to give instructions to the trustees about managing them.<\/p>\n As a result, the trustee(s) would need to pay Capital Gains Tax (CGT) based on the market value of assets<\/a> when the beneficiary received the entitlement.<\/p>\n <\/p>\n <\/p>\n The UK rules for non-resident trusts and Capital Gains Tax<\/a> are a complex matter. Thus, it is best to get help with taxation<\/a> from a legal professional (e.g. an accountant).<\/p>\n <\/p>\n <\/p>\n HMRC guidance explains the process of working out how much Capital Gains Tax is due<\/a> in greater detail. Even so, some of the allowable costs that trustees can use to reduce the gains include:<\/p>\n Note<\/strong>: Another section contains more information about the current trusts and Income Tax rates<\/a> for the United Kingdom.<\/p>\n <\/p>\n <\/p>\n <\/p>\n
\nWhen a Beneficiary becomes ‘Absolutely Entitled’<\/h2>\n
\nCGT Rules for Non-Resident Trusts<\/h2>\n
\nWorking Out Total Taxable Gains<\/h2>\n
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\nGains Eligible for Tax Reliefs<\/h3>\n