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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
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Residence of trustees: pre 5 April 2007: main rule

TCGA92/S69 (1)

Trustees (other than professional trustees, see CG33390) were treated as resident and ordinarily resident in the United Kingdom unless

  • the general administration, see CG33380, of the trusts was ordinarily carried on outside the United Kingdom,

and

  • the trustees, or a majority of them at the particular date on which the relevant event occurs, were not resident or not ordinarily resident in the United Kingdom.

If, for example, there were four trustees two of whom are not resident or not ordinarily resident, the trustees were resident and ordinarily resident in the United Kingdom because those two do not constitute a `majority’.