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Official guidance
Capital Gains Manual

CG38430P · Capital Gains Manual: Trusts and Capital Gains Tax: Non-resident trusts: Charge on settlor of non-resident settlement - TCGA92/S86

  • CG38430 · Administration of TCGA92/S86
  • CG38435 · Overview of TCGA92/S86
  • CG38440 · Settlement - TCGA92/S86
  • CG38445 · Settlor - TCGA92/S86
  • CG38450 · Trustees - TCGA92/S86
  • CG38455 · What is a qualifying settlement - TCGA92/S86?
  • CG38460 · What is a qualifying settlement - protected settlements
  • CG38465 · Does the settlor have an interest in the settlement - TCGA92/S86?
  • CG38470 · Who are the defined persons - TCGA92/S86?
  • CG38475 · Defined persons - settlements for grandchildren
  • CG38480 · Defined persons - future beneficiaries
  • CG38485 · Defined persons - corporate beneficiaries
  • CG38490 · Defined persons - events beyond the settlor’s control
  • CG38495 · Defined person - exceptions to section 86 - death or divorce
  • CG38500 · Meaning of “originating” - TCGA92/S86
  • CG38505 · Meaning of originating - property provided by companies
  • CG38510 · Property provided by companies - Extra-Statutory Concession D40
  • CG38515 · Extra-Statutory Concession D40 - example
  • CG38520 · Tainting - TCGA92/S86
  • CG38525 · Tainting - companies controlled by defined persons
  • CG38527 · Tainting: further points: TCGA92/S86
  • CG38530 · Trusts and Capital Gains Tax: Non-resident trusts: Charge on settlor of non-resident settlement - TCGA92/S86: Calculation of trustees’ gains - TCGA92/S86
  • CG38535 · The charge on the settlor - TCGA92/S86
  • CG38540 · Recovery of tax from trustees - TCGA92/S86
  • CG38545 · Double taxation relief - TCGA92/S86
  • CG38550 · Temporary non-residence - the problem - TCGA92/S86
  • CG38555 · Temporary non-residence - the solution
  1. Capital Gains Manual: Trusts and Capital Gains Tax: Non-resident trusts: Charge on settlor of non-resident settlement - TCGA92/S86: contents
  2. Administration of TCGA92/S86

CG38430 | Administration of TCGA92/S86

From HM Revenue & Customs · Capital Gains Manual

TCGA92/S86 charges the settlor on the gains accruing to the trustees of a non-resident settlement if the settlor has an interest in the settlement. A settlor has an interest in a settlement if the settlor or members of their immediate family can benefit from it. The gains are charged in the year they accrue to the trustees.

Any liability under section 86 is dealt with WMBC Assets Edinburgh and other specialist compliance offices. Please do not enter into any correspondence on these cases without contacting WMBC Assets Edinburgh. If technical advice is needed or litigation proceedings are possible refer to HMRC Capital Gains Tax 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

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