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Posted Mon, 11 Sep 2023 13:34:44 GMT by
An individual is a beneficiary of an offshore trust that has made historic gains and they have received a capital distribution in 2022/23. The trust gain was on a UK residential property in July 2017. The element of gain that related to the period April 2015 to sale was declared under the non resident trust rules at the time, but the overall gain was much higher (the property was acquired in 1996). What rate of tax applies to the gain now attributed to the beneficiary under s 87 TCGA 1992 - is it personal rates 10%/20% or residential property rates 18%/28%? Any entry in Box 18 is just taxed at 10%/20% and there is no obvious way to indicate that different rates should apply, if indeed they do. I am aware that s87 removes any NRCG already declared from charge, but I think this applies only to the element which was charged, being the gain from 2015-2017, but happy to be corrected on that.
Posted Tue, 19 Sep 2023 09:36:43 GMT by HMRC Admin 19 Response
Hi,

UK Residential property disposals are taxed at the lower rate of 18% and the upper rate of 28%.

Thank you.
Posted Tue, 19 Sep 2023 15:33:35 GMT by
And how does this go on the form please? As mentioned Box 18 entries are just taxed at 10%/20%, so where should this gain go on the return?
Posted Fri, 29 Sep 2023 06:34:37 GMT by HMRC Admin 25
Hi Moremi23,
Please provide details of your Non Resident Trust-related Capital Gain in the 'Other overseas income and gains' section of the Foreign pages (SA106), and send your Capital Gains calculation as an attachment.
Foreign notes
Thank you. 

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