Commentary

I5.1208 Trustees both resident and non-resident in a tax year

IHT, trusts and estates

I5.1208 Trustees both resident and non-resident in a tax year

I5.1208 Trustees both resident and non-resident in a tax year

The provisions of a double tax agreement cannot prevent non-resident trustees being chargeable on a gain arising in a tax year (nor the gain being attributed to a settlor or beneficiary) if they are 'within the charge' to CGT in that year1.

For these purposes, trustees are 'within the charge' to CGT in a tax year if, during any part of that year, they are both resident (and before 2013/14, ordinarily resident) in the UK and also not 'Treaty non-resident'2.

Trustees are 'non-resident' at a particular time if at that time they

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