IHTM04442 | Legal background: connected persons
From HM Revenue & Customs · Inheritance Tax Manual
Other than any specific reference to the meaning of ‘connected persons’ for Inheritance Tax, whether a person is connected with another has to be decided by reference to TCGA92/S286. The subsections are as follows:
TCGA92/S286 (1): any provision that one person is connected with another is to be taken as meaning they are connected with one another.
TCGA92/S286 (2): a person is connected with an individual (X) if that person is
the husband, wife or civil partner (IHTM11032) of X, or
a relative of X, or
the husband, wife or civil partner of a relative of X, or
a relative of the husband, wife or civil partner of X.
TCGA92/S286 (3): a person in his capacity as trustee of a settlement is connected with
the settlor, and
any person connected with the settlor, and
any body corporate connected with the settlement.
TCGA92/S286 (3A): a body corporate is connected with a settlement if
it is a close company and the participators include the trustees of the settlement, or
it is controlled by such a close company.
TCGA92/S286 (4): a partner (except in relation to acquisitions or disposals of partnership assets pursuant to bona fide commercial arrangements) is connected with
any person he is in partnership with, and
the husband, wife or civil partner of any person he is in partnership with, and
a relative of any person he is in partnership with.
TCGA92/S286 (5): a company is connected with another company if
the same person has control of both, or
the persons controlling both companies are connected, or
there are certain common links of control.
TCGA92/S286 (6): a company is connected with another person if
that person has control of the company, or
that person and persons connected with him together have control of the company.
TCGA92/S286 (7): persons acting together to secure or exercise control of a company are connected with
each other, and
persons acting on their direction.