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HMRC internal manual

Trusts, Settlements and Estates Manual

Ownership and income tax: implied trust: resulting trust - further principles

There are further principles relating to resulting trusts in the context of non-tax property disputes, which might also apply in the context of income tax and land and buildings:

Any alleged agreement after the date of acquisition of the property cannot give rise to a resulting trust - it must be there from the outset.

To establish a resulting trust there must be a direct contribution to the purchase of the property at/from the time the property was purchased, for example:-

  • direct cash contributions
  • contribution to deposit/legal expenses
  • payment of mortgage instalments
  • contributions of tenants’ right to buy discount.