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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. Who are the defined persons - TCGA92/S86?

CG38470 | Who are the defined persons - TCGA92/S86?

From HM Revenue & Customs · Capital Gains Manual

TCGA92/Sch5/para2(3)

The defined persons are:

  • the settlor

  • the settlor’s spouse or civil partner

  • any child of the settlor or of the settlor’s spouse or civil partner

  • the spouse or civil partner of any such child

  • any grandchild of the settlor or of the settlor’s spouse or civil partner

  • the spouse or civil partner of any such grandchild

  • a company controlled by a person or persons listed above

  • a company associated with such a company.

Child includes stepchild.

It is possible for the settlor to be excluded from the settlement and still be liable under TCGA92/S86 because other defined persons may benefit.

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