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SETTLOR-INTERESTED TRUSTS

09/04/2009

Settlor-interested trusts treat as the income of the Settlor the trust income and the provisions for these anti-avoidance measures were changed to ss. 619 – 648 Income Tax (Trading and Other Income) Act 2005 [ITTOIA 2005]. If the trust is settlor-interested for CGT the gains of the trust will be assessed on the Settlor and not on the trustees. The effect of a trust being settlor-interested for CGT is to deny hold-over relief on a transfer into trust of chargeable assets.