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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
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Annual exempt amount: settlements: disabled persons: procedures

You should ask

  • if the disabled person is the sole beneficiary of the settlement during his/her life

or

  • if he/she has a life interest in at least one-half of the income and must receive at least one-half of any capital appointed or advanced during his/her lifetime.

If the answer is `yes’ you can accept that the main exemption is due.

If the answer is `no’ you must obtain a copy of the Trust Deed and consider its terms in the light of the preceding instruction.