Beta This part of GOV.UK is being rebuilt – find out what this means

HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
, see all updates

Who are the defined persons - TCGA92/S86?

TCGA92/Sch5/para2(3)

The defined persons are:

  • the settlor
  • the settlor’s spouse or civil partner
  • any child of the settlor or of the settlor’s spouse or civil partner
  • the spouse or civil partner of any such child
  • any grandchild of the settlor or of the settlor’s spouse or civil partner
  • the spouse or civil partner of any such grandchild
  • a company controlled by a person or persons listed above
  • a company associated with such a company.

Child includes stepchild.

It is possible for the settlor to be excluded from the settlement and still be liable under TCGA92/S86 because other defined persons may benefit.