s80 TCGA 1992 - 6 month rule

(Nick Dimmock) #1

a non resident co-trustee died (other trustee is UK resident) but we have only just been notified - some months outside the 6 month window set out in statute. Is that fatal to the accidental export of the trust and attendant chargeable deemed disposal for CGT - or has anyone experience of leeway being granted by HMRC or by case precedent?

The trust was created by a non resident for non uk charitable purposes relating to a hospital in Europe

Nick Dimmock

(Paul) #2

Surely, from what you have said, your trust has been accidentally imported (not exported) and section 80 (and section 81) TCGA are not relevant?

Paul Davies
Clarke Willmott