Property Investment Company

Tax Question

If the owner of a property investment company has their shares transferred to a discretionary trust can a claim for hold-over relief be made?

Tax Answer

Shares transferred into a discretionary trust are immediately chargeable to IHT (not a Potentially Exempt Transfer (PET)) so a claim can be made for hold-over relief under TCGA 1992 S260, even if the transfer is covered by the IHT nil rate band. See HMRC HS295 and the claim form at https://www.gov.uk/government/publications/relief-for-gifts-and-similar-transactions-hs295-self-assessment-helpsheet

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