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Posted Tue, 24 Sep 2024 09:10:41 GMT by Frizzo7
I am the beneficiary of a US trust that will be wound up in the next couple of years. This is an American trust where everyone (trustees, beneficiaries, etc) other than me is located in the US. In accordance with US procedures, the Trustees in the US will pay all applicable taxes in the US before sending a final cash disbursement to each beneficiary. While this would be tax free if I were a US resident for tax purposes, I know that this will be taxed in the UK. My question is, which taxes will apply? Will it just be a capital gains tax on the capital gains of the trust? Or will this be treated as general income and taxed at a higher rate? As an example, in the current tax year, if I were to receive £100k as my final disbursement from the trust and the capital gains on the principal came to £50k, would I just pay the 20% capital gains tax on the £50k?
Posted Wed, 02 Oct 2024 09:23:01 GMT by HMRC Admin 19 Response
Hi,
You can see guidance on non residential trusts and whether Income Tax or Capital Gains Tax is applicable below. It also advises how to report the trust income/gains in a Self Assessment tax return:
Non-resident trusts
Thank you.
Posted Wed, 02 Oct 2024 09:35:45 GMT by Frizzo7
Thanks, I already looked at that page and didn't get any answers with regards to whether Income Tax or Capital Gains tax applies. None of the Trustees are located in the UK and no capital gains tax will be paid by the Trustees in the UK. Let me re-word my example: In the current tax year, if I were to receive £100k as my final disbursement from the non-resident trust and the capital gains on the principal came to £50k (and the Trustees pay no UK taxes), would I just pay the 20% capital gains tax on the £50k? Or would the entire £100k be treated as general Income and thus subject to my applicable Income Tax rate?
Posted Thu, 10 Oct 2024 09:15:08 GMT by HMRC Admin 20 Response
Hi,
As you have not confirmed which type of income is actually generated from the trust, we cannot confirm which type, if any, UK taxes will apply.
As the funds have not actually been given out as yet we also cannot comment as legislation may change.
Thank you.

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