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HMRC internal manual

Capital Gains Manual

Bare trusts: examples: land owned by several people at once

Exceptionally there may be a bare trust of land in a situation where the rights of the persons concerned are not of exactly the same kind. For instance land which is wholly owned by Mr A may be conveyed to trustees on the basis that Mr A is entitled to the first £100,000 of the sale proceeds, and his children X and Y are each entitled to half of the rest. (This is not a tenancy in common.) Essentially it is no different from a conventional trust where on the occurrence of a particular contingency Mr A gets a lump sum and X and Y get the rest.

Suppose the land cost £150,000, and, at the date of the conveyance to the trustees, Mr A’s residual interest is worth £75,000, and the value of the interests taken by X and Y is £125,000 each. A has made a part- disposal, see CG12730+ and the computation is:

  Disposal Proceeds       250,000
less Cost     150,000  
  Allowable 250,000 x 150,000 115,385
  Gain       134,615

NOTE. If a taxpayer is within the charge to Capital Gains Tax, neither indexation allowance nor taper relief apply to disposals of assets on or after 6 April 2008. Previously indexation allowance had been frozen at April 1998. For indexation allowance see CG17207+ and for taper relief see CG17895+.