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This guide provides an introduction to Capital Gains Tax for UK resident trusts. It covers when Capital Gains Tax needs to be paid and when it doesn't and explains how to tell HM Revenue & Customs (HMRC) if this tax is owed.
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Capital Gains Tax is a tax on the gain in value of assets such as shares, land or buildings that you own. You'll normally only have to pay Capital Gains Tax when you sell, give away or otherwise 'dispose' of an asset that has increased in value since you got it. You only pay Capital Gains Tax when the overall chargeable gains for the tax year are above a certain level called the 'annual exempt amount'.
The rate of Capital Gains Tax for trustees for the 2013-14 tax year is 28 per cent.
The annual exempt (tax-free) amount in 2013-14 for most trusts is £5,450. An exception to this is a trust set up for a beneficiary who is disabled. In these cases the annual exempt amount is £10,900 - the same as for individuals.
Trustees may be able to reduce the rate of this tax if they qualify to claim Entrepreneurs' Relief.
There are different occasions when a trust may generate a Capital Gains Tax charge, and these will determine who has to pay.
In this situation, the person who makes the transfer - the settlor or transferor - pays. The exception is when the transferor makes a claim for Hold-over Relief. In this case the person who receives the asset will pay Capital Gains Tax when they sell or transfer the asset.
In this case, those responsible for managing the trust - the trustees - usually pay. The main exception is where there is a bare trust, in which case the beneficiary is already 'absolutely entitled' to the trust property.
If this happens, the trustees pay Capital Gains Tax based on the market value of the assets in the trust immediately before the change in their residence status.
A person is 'absolutely entitled' to an asset in a trust if they have the exclusive right to direct the trustees on how to deal with it. In this case, someone may become absolutely entitled because they reach a certain age or the trust comes to an end. The trustees pay Capital Gains Tax based on the market value of the asset on the date the beneficiary becomes entitled.
In some situations an asset may be transferred to someone else but Capital Gains Tax is not payable.
When a person dies and they leave their assets to someone, whether in a trust or not, there is no Capital Gains Tax to pay. If the asset is 'disposed' of at a later date and the asset has increased in value since the value at the date of death Capital Gains Tax may be due. This applies to both trustees or beneficiaries who inherit the asset under the terms of a will or the rules of inheritance that apply in England and Wales when there is no will.
This happens in 'interest in possession' trusts - where a beneficiary has an immediate and absolute right to income from an asset held in trust. There is usually no Capital Gains Tax to pay when the beneficiary dies and their interest in possession comes to an end.
Capital Gains Tax is worked out for each tax year (which runs from 6 April one year to 5 April the following year). It's charged on the total of your taxable gains after taking into account:
The remaining amount is taxed at the current rate for Capital Gains Tax - 28 per cent for trustees.
As a trustee, you must tell HMRC about disposals the trust makes if either of the following applies in a tax year:
You do this by completing form SA905 Trust and Estate Capital Gains (the Capital Gains Tax supplementary pages of the Trust and Estate Tax Return).
If you want HMRC to check the valuation you've made of an asset that you have to pay Capital Gains Tax on, you can use the form below. If they agree with your valuation, they will not challenge your use of it in your Trust and Estate Tax Return.