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HMRC internal manual

Capital Gains Manual

Gifts: whom you assess: time limits

The Collector will not approach you about making an assessment on the donee unless all or part of the tax assessed on the donor is still outstanding twelve months after the due and payable date. If you decide that you can assess the donee, you can only do so within two years from the date the tax was originally payable by the donor.

Where the assessment is made in respect of a chargeable gain which accrued as a result of a clawback of relief under TCGA92/S169C (see CG66920 and CG66920A - for hold-over relief under TCGA92/S165 for gifts of business assets, and CG67067 and CG67067A - for hold- over relief under TCGA92/S260 for gifts of non-business assets)

  • references to the donor are taken to be references to the person who made the “relevant disposal” (see CG66921C), and
  • references to the donee are taken to be references to the trustees of the settlement to whom the relevant disposal was made.