CG38570 - Charge on beneficiary of a non-resident - administration

TCGA92/S87 applies if a beneficiary of a non-resident settlement receives a capital payment from the trustees of that settlement. It treats the beneficiary as receiving a proportion of the trustees’ gains, a process commonly called attributing the gains. Any gains attributable to the settlor under TCGA92/S86, CG38435, are not included in the trustees’ gains attributable to the beneficiaries under section 87.

Liability under section 87 is dealt with WMBC Assets Edinburgh (This content has been withheld because of exemptions in the Freedom of Information Act 2000) and other specialist compliance offices. Please do not enter into any correspondence on these cases without contacting WMBC Assets Edinburgh (This content has been withheld because of exemptions in the Freedom of Information Act 2000) . If technical advice is needed or litigation proceedings are possible refer to HMRC Capital Gains Technical.

The HMRC website asks people creating non-resident settlements to contact HMRC Trusts & Estates Non Resident Trusts. The details of how to contact us can be found at:

https://www.gov.uk/topic/personal-tax/trusts

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/trusts