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HMRC internal manual

Capital Gains Manual

Administration of TCGA92/S86

TCGA92/S86 charges the settlor on the gains accruing to the trustees of a non-resident settlement if the settlor has an interest in the settlement. A settlor has an interest in a settlement if the settlor or members of their immediate family can benefit from it. The gains are charged in the year they accrue to the trustees.

Any liability under section 86 is dealt with HMRC Charities, Savings and International, Bootle and other specialist compliance offices. Please do not enter into any correspondence on these cases without contacting HMRC Charities, Savings and International, Bootle. If technical advice is needed or litigation proceedings are possible refer to HMRC Capital Gains Tax Technical.

The HMRC website asks people creating non-resident settlements to contact HMRC Trusts & Estates Non Resident Trusts. If details of a new settlement are received in another office please send them to:

HMRC Trusts & Estates
Non Resident Trusts
Ferrers House
PO Box 38
Castle Meadow Road