Part 2Income tax, corporation tax and capital gains tax
Chapter 4Trusts with vulnerable beneficiary
Capital gains tax
30Qualifying trusts gains: special capital gains tax treatment
1
This section has effect in relation to a tax year if—
a
in the tax year chargeable gains accrue to the trustees of a settlement from the disposal of settled property which is held on qualifying trusts for the benefit of a vulnerable person (“the qualifying trusts gains”),
b
the trustees would (apart from this Chapter) be chargeable to capital gains tax in respect of those gains,
F8c
the trustees are resident in the United Kingdom during any part of the tax year, and
d
a claim for special tax treatment under this Chapter for the tax year is made by the trustees.
F21A
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2
Special capital gains tax treatment applies for the tax year in accordance with—
a
section 31 (vulnerable person UK resident F9for the tax year), or
b
section 32 (vulnerable person non-UK resident F9for the tax year).
3
But this section does not have effect in relation to the tax year if the vulnerable person dies during that year.
F33A
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4
The reference in subsection (1)(a) to chargeable gains accruing to the trustees from the disposal of settled property includes a reference to chargeable gains treated as accruing to them under section 13 of TCGA 1992 (attribution of gains to members of non-resident companies).
F105
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31UK resident vulnerable persons: F1amount of relief
1
Special capital gains tax treatment applies for the tax year in accordance with this section if the vulnerable person is UK resident F11for the tax year.
F42
The trustees' liability to capital gains tax for the tax year is to be reduced by an amount equal to—
where—
TQTG is the amount of capital gains tax to which the trustees would (apart from this Chapter) be liable for the tax year in respect of the qualifying trust gains, and
VQTG is the amount arrived at under subsection (3).
3
That amount is—
where—
TLVB is the total amount of capital gains tax to which the vulnerable person is liable for the tax year, and
TLVA is what TLVB would be if the qualifying trust gains accrued to the vulnerable person (instead of to the trustees) and no allowable losses were deducted from the qualifying trust gains.
32Non-UK resident vulnerable persons: amount of relief
1
Special capital gains tax treatment applies for the tax year in accordance with this section if the vulnerable person is non-UK resident F12for the tax year.
2
The trustees' liability to capital gains tax for the tax year is to be reduced by an amount equal to—
where—
TQTG is the amount of capital gains tax to which the trustees would (apart from this Chapter) be liable for the tax year in respect of the qualifying trusts gains, and
F5VQTG is the amount arrived at under subsection (3).
F63
That amount is—
where—
TLVB is the total amount of capital gains tax to which the vulnerable person would be liable for the tax year if the vulnerable person's taxable amount for the tax year for the purposes of section 3 of TCGA 1992 were equal to the vulnerable person's deemed CGT taxable amount for the tax year (if any), and
TLVA is what TLVB would be if the vulnerable person's taxable amount for the tax year for the purposes of section 3 of TCGA 1992 were equal to the aggregate of the vulnerable person's deemed CGT taxable amount for the tax year (if any) and the amount of the qualifying trust gains.
4
For the purposes of this section the vulnerable person's deemed CGT taxable amount for the tax year is to be determined in accordance with Schedule 1.
F733Vulnerable person's liability: VQTG
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