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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.10 Income tax and CGT for trustees /Taxation of trustees—CGT / I5.1016 CGT for trustees when assets become or cease to be trust property
Commentary

I5.1016 CGT for trustees when assets become or cease to be trust property

IHT, trusts and estates

CGT when assets become trust property

CGT when assets become trust property—general

A transfer, whether revocable or irrevocable, of property into settlement is a disposal of the entire property that becomes the settled property, whether the transferor is a trustee, or the sole trustee, of the settlement, and even if they have some interest in the settlement as a beneficiary1.

There is a disposal by the transferor (ie the settlor) of their whole interest in the property transferred to the trust. The settlor's disposal proceeds and the trustees' acquisition cost are deemed to be equal to the market value of the asset(s) transferred into the trust2.

Holdover relief is often available for the settlor when they set up the trust (unless they can potentially benefit from it, ie it is settlor interested – see below) if the transfer

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Web page updated on 17 Mar 2025 17:23