This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Marketing

A bit of data which remembers the affiliate who forwarded a user to our site and recognises orders from those who become customers through that affiliate.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Enrol now on the free landlord tax strategies course


To enrol in the 7 tax saving strategies email course complete the form below. The first module will be emailed to you immediately.

Enrol now on the free landlord tax strategies course

Thank You!

Free Tax Saving Strategies Course
The seven FREE property tax busting strategies course reveals the secrets of how to legitimately beat the taxman and boost your property profits!
View All Questions

Is CGT payable on the disposal of trust assets?

Question

We understand that trusts are tax efficient, legal entities to hold property in. We have been informed that there is also a Tax charge administered every 10 years of the Trusts life, and that should the Trustees dispose of assets that have been placed within a trust, then Capital Gains Tax is payable. Is this true?

 

Arthur says:

As a general rule, trusts should not be used for holding property unless there is a good reason for doing so. Under the new regime for inheritance tax (IHT) for trusts, most trusts are now classified as 'mainstream' and subject to a) chargeable lifetime IHT on entry (unless exempt due to the nil rate band), b) a ten year charge and c) an exit charge. Furthermore, if the trust is discretionary, the trustees are liable to income tax on the rental income at 40%, whereas a non higher rate taxpayer landlord would pay 22% income tax. The trustees are eligible only for half the capital gains tax (CGT) annual exemption that an individual is allowed, but otherwise pay CGT in a similar way to individuals.

 

There is a tax advantage in owning property through a trust, where the individual would have paid 40% income tax on the rental income had he owned it personally, but because it is owned by an interest in possession trust, the trustees only pay at 22%.

 

Case Study

Landlord Tax Secrets Get our SEVEN FREE Landlord Tax Saving Strategies - Guaranteed To Slash Your Property Tax Bills!
Click here for more.

Got a burning tax question?

Why not submit a tax question to our tax advisors

Ask a Question