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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading Migration of settlements, non-resident settlements and dual resident settlements

  • Section 80 Trustees ceasing to be resident in U.K.
  • Section 80A Postponing gain or loss under section 80(2): interests in UK land
  • Section 81 Death of trustee: special rules.
  • Section 82 Past trustees: liability for tax.
  • Section 83 Trustees ceasing to be liable to U.K. tax.
  • Section 83A Trustees both resident and non-resident in a year of assessment
  • Section 84 Acquisition by dual resident trustees.
  • Section 85 Disposal of interests in non-resident settlements.
  • Section 85A Transfers of value: attribution of gains to beneficiaries and treatment of losses
  • Section 86 Attribution of gains to settlors with interest in non-resident or dual resident settlements.
  • Section 86A Attribution of gains to settlor where temporarily non-resident
  • Section 87 Non-UK resident settlements: attribution of gains to beneficiaries
  • Section 87A Section 87: matching
  • Section 87B Section 87: remittance basis
  • Section 87BA Sections 87 and 87A: disregard of capital payments made from carried interest gains
  • Section 87C Sections 87 and 87A: disregard of certain capital payments
  • Section 87D Sections 87 and 87A: disregard of capital payments to non-residents
  • Section 87E Sections 87 and 87A: disregarded payments to temporary non-resident
  • Section 87F Sections 87 and 87A: disregarded payments in year settlement ends
  • Section 87G Settlor liable if capital payment received by close family member
  • Section 87H Meaning of “close member of the settlor's family”
  • Section 87HA Onward gifts from non-residents or qualifying new residents
  • Section 87I Non-UK resident settlements: recipients of onward gifts
  • Section 87J Relevant parts of payment from which onward gift derived
  • Section 87K Attribution of gains or payments to recipient of onward gift
  • Section 87L Cases where settlor liable following onward gift
  • Section 87M Cases where recipient of onward gift is user of remittance basis
  • Section 87N Sections 87 and 87A: disregard of payments to migrating beneficiary
  • Section 87P Sections 87 and 87A: temporary migration after payment disregarded
  • Section 88 Gains of dual resident settlements.
  • Section 89 Migrant settlements etc.
  • Section 90 Sections 87 and 89(2): transfers between settlements
  • Section 90A Section 90: transfers made for consideration in money or money's worth
  • Section 91 Increase in tax payable under section 87 or 89(2).
  • Section 92 Qualifying amounts and matching.
  • Section 93 Matching: special cases.
  • Section 94 Transfers of settled property where qualifying amounts not wholly matched.
  • Section 95 Matching after transfer.
  • Section 96 Payments by and to companies.
  • Section 97 Supplementary provisions.
  • Section 97A Value of benefit conferred by capital payment made by way of loan
  • Section 97B Value of benefit conferred by capital payment made by way of making movable property available
  • Section 97C Value of benefit conferred by capital payment made by way of making land available
  • Section 98 Power to obtain information for purposes of sections 87 to 90.
  • Section 98A Settlements with foreign element: information.
  1. Migration of settlements, non-resident settlements and dual resident settlements
  2. Onward gifts from non-residents or qualifying new residents

Section 87HA | Onward gifts from non-residents or qualifying new residents F1F2

From legislation.gov.uk

(1)Subsection (2) applies if—

(a)a person (“the original recipient”) receives a capital payment (“the original benefit”) from the trustees of a settlement,

(b)the original recipient is not resident in the United Kingdom, or is a qualifying new resident, for the tax year in which they receive the original benefit,

(c)section 87G(2) (close family member’s benefits attributed to settlor) does not apply to the provision of the original benefit to the original recipient,

(d)at the time when the person receives the original benefit—

(i)there are arrangements, or an intention, as regards the (direct or indirect) passing on of the whole or part of the original benefit to another person, and

(ii)it is reasonable to expect that, if the whole or part of the original benefit is passed on to another person in accordance with the arrangements or intention, that other person will be resident in the United Kingdom when they receive at least part of what is passed on to them,

(e)the original recipient provides a benefit (“the onward gift”) to a person (“the subsequent recipient”)—

(i)at the time when the original benefit is provided to the original recipient or at any later time in the 3 years beginning with the day containing that time, or

(ii)at any time before the original benefit is made to the original recipient and, it is reasonable to assume, in anticipation of the original benefit’s being made,

(f)the onward gift is of or includes—

(i)the whole or part of the original benefit

(ii)anything that (wholly or in part, and directly or indirectly) derives from, or represents, the whole or part of the original benefit, or

(iii)any other property, but only if the original benefit is provided with a view to enabling or facilitating, or otherwise in connection with, the providing of the onward gift to the subsequent recipient, and

(g)the subsequent recipient is resident in the United Kingdom for the tax year in which they receive the onward gift.

(2)So much of the onward gift as falls within subsection (1)(f) is treated for the purposes of sections 87, 87A , 87D(2) and 87G(2) as a ... payment received from the trustees by the subsequent recipient at the time when the onward gift is provided.F3

(3)Where subsection (2) applies, the subsequent recipient is treated as having received the ... payment as a beneficiary of the settlement (whether or not they are otherwise a beneficiary of it).F4

(4)For the purposes of subsection (1)(e), the circumstances in which the original recipient provides a benefit to the subsequent recipient include circumstances where there is a series of two or more benefits starting with a benefit provided by the original recipient and ending with a benefit provided to the subsequent recipient; and in such a case—

(a)the onward gift is treated for the purposes of subsection (1)(e) as provided when the final benefit in the series is provided, and

(b)the reference to the onward gift in subsection (1)(f) is to be read as a reference to each benefit in the series.

(5)Where the onward gift is made as mentioned in subsection (1)(e)(ii), the onward gift is treated for the purposes of subsection (2) as made in the tax year in which the original benefit is made to the original recipient.

(6)Where the conditions in subsection (1)(e) to (g) are met, it is to be presumed (unless the contrary is shown) that the condition in subsection (1)(d) is also met.

(7)In this section, “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).

Notes

  1. F1

    Ss. 87D-87P inserted (with effect in accordance with Sch. 10 para. 1(12)-(15) of the amending Act) by Finance Act 2018 (c. 3), Sch. 10 para. 1(1)

  2. F2

    S. 87HA substituted for ss. 87I-87M (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 62, 70(1) (with Sch. 12 paras. 74, 75)

  3. F3

    Word in s. 87HA(2) omitted (retrospective to 6.4.2025) by virtue of Finance Act 2026 (c. 11), s. 44(3)(6)

  4. F4

    Word in s. 87HA(3) omitted (retrospective to 6.4.2025) by virtue of Finance Act 2026 (c. 11), s. 44(3)(6)

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