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HMRC internal manual

Trusts, Settlements and Estates Manual

From
HM Revenue & Customs
Updated
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Trust income and gains: vulnerable beneficiaries: claims to special tax treatment - form of claim

The normal rules apply to the making of claims. They should be made in the trustees’ tax return for the relevant tax year although they can be made at any time up to five years after the first 31 January following the end of that tax year. Where a tax return has been issued but the time limit for amending that return has not yet expired the claim must be made by amending that return.

If a claim is made after the trustees’ tax return has been submitted and the time limit for amending that return has expired, it must be made in writing and should be sent to the tax office that deals with the tax affairs of the trust. The claim must indicate, as appropriate:

  • the amount of the deduction claimed against income tax,
  • the amount of CGT chargeable on the vulnerable person (where the vulnerable person is resident or ordinarily resident in the UK)
  • the amount of the deduction claimed against CGT (where the vulnerable person is not resident or ordinarily resident in the UK).