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

Reliefs: employee-ownership trusts: conditions: the 'all-employee benefit requirement': cases in which the requirement is treated as met: 'application of settled property' condition: circumstances in which the 'behaviour requirement' is not infringed

The ‘behaviour requirement’, see CG67847, is an element of the ‘application of settled property’ condition, which is one of the conditions it is necessary for an existing settlement to meet in order for it to be treated as meeting the ‘all-employee benefit requirement’, see CG67844.

The question of whether or not the ‘behaviour requirement’ is infringed is subject to rules similar to those governing the ‘equality requirement’, see CG67840 and CG67841.  The ‘behaviour requirement’ will not be infringed by reason only that the trustees act in one or more of the following ways.

TCGA92/S236L(4)(a)

They apply any of the settled property, where an eligible employee has died, as if the surviving spouse, civil partner or dependant of the deceased person were the eligible employee for a period of 12 months, or such shorter period as the trustees may determine, starting with the time of death.  For this purpose it is assumed that the employment continued throughout the period after death.

TCGA92/S236L(4)(b)

They apply the settled property only for the benefit of persons who have been eligible employees for a continuous period of 12 months or such shorter period as the trustees determine.

TCGA92/S236L(4)(c)

They comply with a written request from a person that the trustees do not apply any of the settled property for the benefit of that person.

TCGA92/S236L(4)(d)

They have complied with the terms of the trusts of the settlement that prevent the settled property being applied for the benefit of some or all of the persons who are ‘eligible employees’ only because they are office holders in the company.

TCGA92/S236L(5)

That in addition to applying any of the settled property for the benefit of all eligible employees on the same terms, they apply any of it for charitable purposes.

The main difference between the rules affecting the ‘behaviour requirement’ and those affecting the ‘equality requirement’ is that the latter principally relate to the terms of the trust whereas the former are concerned with how the trustees have operated the trust.