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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.12 Income tax and CGT for non-resident settlements /Liability of settlors—capital gains tax / I5.1226 Settlor's interest in a settlement
Commentary

I5.1226 Settlor's interest in a settlement

IHT, trusts and estates

Settlor's interest for CGT purposes

A settlor has an interest in a settlement if1:

  1. Ìý

    •ÌýÌýÌýÌý any settled property or income which originates from the settlor (see I5.1227) is, or will or may become payable to, or applicable for the benefit of, a defined person (see below) in any circumstances whatever (see below), or

  2. Ìý

    •ÌýÌýÌýÌý any defined person enjoys a benefit directly or indirectly from any settlement property or income which originates from the settlor

There are transitional rules for settlements created before 17 March 19982.

Defined person

A 'defined person' is any of the following3:

  1. Ìý

    •ÌýÌýÌýÌý the settlor

  2. Ìý

    •ÌýÌýÌýÌý the settlor's spouse or civil partner

  3. Ìý

    •ÌýÌýÌýÌý any child (of any age) of the settlor or the settlor's spouse or civil partner

  4. Ìý

    •ÌýÌýÌýÌý any spouse or civil partner of any such child

  5. Ìý

    •ÌýÌýÌýÌý any grandchild (of any age) of the settlor or the settlor's spouse or civil partner

  6. Ìý

    •ÌýÌýÌýÌý the spouse or civil partner of any such grandchild,

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Web page updated on 17 Mar 2025 16:38