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HMRC internal manual

Capital Gains Manual

Gifts to employee trusts: procedure: liaison with HMRC - IHT

If you require any advice on the application of the Inheritance Tax provisions you should contact Specialist Personal Tax - Trusts and Estates Risk Team Liaison 2nd floor Ferrers House Castle Meadow Nottingham.

Specialist Personal Tax - Trusts and Estates will need to know:

  • details of the assets transferred
  • details of the date of transfer
  • details of the cost of each asset
  • the name of the trust fund
  • the names and addresses of the trustees
  • any HMRC - IHT reference.

If the transferor is a company, the report should indicate whether it is a close company as defined in CG36030.

In the case of an individual or close company Specialist Personal Tax - Trusts and Estates will notify you whether the transfer was within IHTA84/S13 or IHTA84/S28. If it was, then you should accept that the conditions of TCGA92/S239 are satisfied.

In the case of a non-close company they will advise you whether the transfer would have qualified if the company had been close.