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.