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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.10 Income tax and CGT for trustees /Taxation of trustees—CGT / I5.1018 Trustees' CGT reliefs and exemptions
Commentary

I5.1018 Trustees' CGT reliefs and exemptions

IHT, trusts and estates

Annual exempt amount

Trustees are entitled to an annual exempt amount equal to one-half of the exempt amount for individuals1 unless the settlement is for the benefit of a disabled person, in which case the full individual's annual exemption is available2.

Where there is more than one settlement made by the same settlor, the exemption is the greater of3:

  1. Ìý

    •ÌýÌýÌýÌý one-tenth of the exempt amount for individuals, and

  2. Ìý

    •ÌýÌýÌýÌý the exempt amount divided by the number of qualifying UK settlements

A 'qualifying UK settlement' for this purpose is one:

  1. Ìý

    •ÌýÌýÌýÌý made after 6 June 19784

  2. Ìý

    •ÌýÌýÌýÌý whose trustees are resident in the UK during any part of the tax year5, and

  3. Ìý

    •ÌýÌýÌýÌý in which the property is not held for a charitable or pension purpose6 (ie for the purposes of a registered pension scheme, a superannuation fund or an occupational pension scheme7).

Where the trustees have made a sub-fund election (see I5.1020),

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