CG33410 - Residence of trustees: Residency – Non-resident Trusts responsibility

All trusts whose trustees are treated as non-resident in the United Kingdom are dealt with at Residency – Non-resident Trusts, see CG38210. They also generally deal with any individual liability under TCGA92/S80 - TCGA92/S98.

As soon as it appears likely that CG33370 will be satisfied, the case should be referred to Residency – Non-resident Trusts, who will ensure that any charge arising under TCGA92/S80 is dealt with.

Although trustees for the purposes of CGT change residence at a particular moment in time, the basic rule in TCGA92/S2 (1) for trustees is that if they are resident at any point during the year they are chargeable on all the chargeable gains accruing in the year. Similarly TCGA92/S77 applies if the trustees are resident at any point during the year.