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Posted Wed, 16 Oct 2024 08:43:24 GMT by Meredith
I am writing to seek clarification regarding the tax teatment for transfer of a property through a Deed of Gift or a Declaration of Trust. I would greatly appreciate your guidance on the matter. I am currently own the freehold of an unencumbered property in Wales registered with the Land Registry that is occupied by my daughter. I am planning to transfer the ownership of this property to my daughter through a Deed of Gift and pay any CGT due within 60 days. But I understand a Declaration of Trust is an alternative transfer path with different tax implications. Can you clarify the distinct tax treatment of such a property transfer by each instrument?
Posted Fri, 25 Oct 2024 09:44:48 GMT by HMRC Admin 20 Response
Hi,
A declaration of trust is usually a statement by the legal owner of property that s/he holds the beneficial interest for someone else, S/he is not transferring the legal title.
The beneficiary has an equitable interest created by the declaration which can be enforced by the courts. The donor/trustee does not need to register the trust with the Land Registry, nor does the document require delivery or a witness to signatures.  
Although there is no legal requirement for a declaration of trust to be made by deed even where more complex trusts are created, in practice such trusts are usually created by deed.
In a trust or settlement deed, rather than the legal owner declaring that s/he holds the beneficial interest for someone else, s/he may appoint trustees of the property, and set out the trusts on which it is held in the trust deed.
In this scenario, the legal owner will also need to transfer the legal title in the property to the trustees by whatever means is appropriate for the particular property. For example if the trust relates to land, the legal owner will need to complete a land registry transfer to the trustees.
A document is not a deed unless it makes clear on its face that it is intended to be a deed by the person making it, whether by describing itself as a deed or expressing itself to be executed or signed as a deed.
Thank you.

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