½Û×ÓÊÓÆµ

Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.12 Income tax and CGT for non-resident settlements /Liability of beneficiaries—capital gains tax / I5.1242 Attribution of settlement gains—valuation of capital payments
Commentary

I5.1242 Attribution of settlement gains—valuation of capital payments

IHT, trusts and estates

Valuing capital payments from 2017/18

Valuing capital payments from 2017/18—overview

Where a capital payment is made by way of loan or anything other than an outright payment of money, its value is equal to the value of the benefit conferred1.

The most common benefits that give rise to capital payments, according to HMRC2, are:

  1. Ìý

    •ÌýÌýÌýÌý interest free or low interest loans

  2. Ìý

    •ÌýÌýÌýÌý rent free or low rent occupation of property

From 2017/18 onwards, statutory valuation rules apply to determine the value of these benefits, as well as the benefit of making a chattel available for a beneficiary's use3.

These are the same rules that apply for valuation purposes for the transfer of assets abroad provisions4 (see I5.1221).

Valuing capital payments from 2017/18—beneficial loans

The benefit each tax year for someone receiving a loan from a settlement is the amount of loan outstanding at the official rate of interest5, less any interest actually paid by the beneficiary

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to Tolley+™ Research or register for a free trial

Web page updated on 17 Mar 2025 16:16