TSEM6245 - Legal background to trusts & estates: setting up a trust: capital gains

When a settlor puts assets into a trust inter vivos (between the living) he disposes of them. It is an occasion of charge for capital gains tax purposes (CG35700P onwards).

»Ê¹ÚÌåÓýappre is no charge when a testator’s assets go into a will trust. Death is not an occasion of charge (CG30320 onwards). For capital gains tax purposes, personal representatives are deemed to acquire the assets at the date of death. »Ê¹ÚÌåÓýapp deemed acquisition is at the market value (probate value).

»Ê¹ÚÌåÓýapp transfer to trustee is at the same value as when the personal representatives acquired the assets (CG31140).