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Official guidance
Capital Gains Manual

CG38570C · Capital Gains Manual: Trusts and Capital Gains Tax: Non-resident trusts: Charge on beneficiary of non-resident settlement – TCGA92/S87

  • CG38570 · Charge on beneficiary of a non-resident - administration
  • CG38575 · Charge on beneficiary of a non-resident settlement - outline
  • CG38580 · Settlement - TCGA92/S87
  • CG38585 · Settlor - TCGA92/S87
  • CG38590 · Trustees - TCGA92/S87
  • CG38595 · Dual resident settlements - TCGA92/S87
  • CG38600 · Migrating settlements - TCGA92/S87
  • CG38605 · Beneficiary - TCGA92/S87
  • CG38610 · Trustees’ gains - section 2(2)* amount
  • CG38615 · Trustees' gains - TCGA92/S13*
  • CG38620 · Trustees' gains - offshore income gains
  • CG38623 · Trustee’s’ gains – carried interest
  • CG38625P · Capital Payments
  • CG38700P · Matching capital payments
  • CG38730P · Years before 2008-09
  • CG38780 · Charities
  • CG38785 · The charge to Capital Gains Tax
  • CG38790 · Double Taxation Relief
  • CG38795 · Increase in the rate of Capital Gains Tax - TCGA92/S87
  • CG38800 · Increase in rate of Capital Gains Tax: example
  • CG38805P · Non-UK domiciled beneficiaries - remittance basis
  • CG38845P · Paragraph 126 elections - 'rebasing'
  1. Capital Gains Manual: Trusts and Capital Gains Tax: Non-resident trusts: Charge on beneficiary of non-resident settlement – TCGA92/S87: contents
  2. Increase in rate of Capital Gains Tax: example

CG38800 | Increase in rate of Capital Gains Tax: example

From HM Revenue & Customs · Capital Gains Manual

The trustees’ section 2(2)* amount for 2012-13 is £40,000. They make no capital payments until 2014-15 when a capital payment of £50,000 is matched against the earlier year’s section 2(2) amount giving the beneficiary a TCGA/S87 gain of £40,000 in 2014-15.

The beneficiary is a higher rate Income Tax payer and therefore pays Capital Gains Tax at 28%. They have personal gains of £15,000. The annual exempt amount for 2014-15 is £11,000.

The annual exempt amount is set first against the section 87 gains reducing those gains to £29,000. The rate of Capital Gains Tax is increased by 10% for each of the two years after the year following the year in which the section 2(2) amount accrued to the trustees; ie the two years after 2012-13. The rate of Capital Gains Tax on the s87 gains is increased by 2 x 2.8% to 33.6%.

The total Capital Gains Tax payable in 2014-15 is:

£15,000 @ 28% = £4,200

£29,000 @ 33.6% = £9,744

*These sections were re-written for disposals from 6 April 2019 see CG10150.

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