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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
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Basic terms of trust law as applied to CGT: one settlement or more?

In general you should assume that a single deed or will gives rise to a single settlement, even though there may be several distinct trusts. If it is suggested that there is more than one settlement, you should obtain a copy of the instrument, and ask the trustees why they think there is more than one settlement. It may be helpful at this stage to draw attention to the principles expressed by Lord Wilberforce in Roome v Edwards at 54TC390E, that `the mere existence of separate trusts applying to parts of settled property does not in itself give rise to a separate settlement’.