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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
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2006 IHT changes: IHT and CGT treatment from 22 March 2006: transfers to settlements

(Transfers from the estate of a deceased person are covered by the charge on his estate ondeath. But a transfer to a settlement subject to the IIP rules would be exempt to theextent that his spouse or civil partner had an actual or deemed interest in possession inthe settlement.)

Lifetime transfers by individuals to settlements.

| Type of transferee trust for IHT | Chargeable
transfer for
IHT? | Disposal
for CGT? | Can Holdover
Relief be claimed? | || | Disabled Actual or Deemed IIP | PET | Yes | S165 possible | | Relevant Property Trust: settlor etc.
interest | Yes | Yes | No | | Relevant Property Trust: no settlor
etc. interest | Yes | Yes | S260(2)(a) |

A gift by a living individual to a settlement cannot fall into other category exceptfor certain special trusts not considered here.

Note that TCGA92/S165 is only available for certain assets.

S165 and S260 do not apply to transfers to most settlements where the settlor or spouse orcivil partner or minor child or minor step-child (unless married or in a civilpartnership) can or do benefit.

For categories see CG36541.