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HMRC internal manual

Capital Gains Manual

Gifts: Finance Act 2004 changes: gifts to certain settlements: information power

TCGA92/S169G introduced information powers by which an officer of the Board may, for the purposes of TCGA92/S169B to TCGA92/S169F, give notice requiring any person who is or has been

  • a trustee of a settlement,
  • a beneficiary under a settlement, or
  • a “settlor” (see CG 66921A) in relation to a settlement

or any person who

  • is the spouse of a settlor in relation to a settlement, or
  • has at any time on or after the relevant disposal (see CG66921C) in question been the spouse of such a settlor

to give him or her such particulars as he or she thinks necessary. The person must be given at least 30 days to comply with the request. The person can appeal against the notice on the grounds that the information requested is not relevant, or that insufficient time has been given to provide it. Failure to comply with the notice can give rise to penalties under TMA70/S98.

[TCGA92/S169G (2) to TCGA92/S169G (5)]