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HMRC internal manual

Capital Gains Manual

Bare trusts: assets bought in the name of/with cash provided by another

The law may in certain well established circumstances, imply that a trust, almost certainly a bare trust, exists. For example a person may use his own money to buy an asset in the name of another. That other person should be regarded, in the absence of an express agreement to the contrary, as holding it as bare trustee for the purchaser. This does not apply, however, where that other person is the wife or child of the purchaser; in such a case the purchaser may be presumed (in the absence of evidence to the contrary) to have made a gift to his wife or child.

If a person provides money to another to purchase an asset the same principle may apply. Alternatively it may be a simple loan. The documentation and other evidence must be carefully examined.

Cases of doubt or difficulty should be referred to HMRC Trusts and Estates