http://www.legislation.gov.uk/ukpga/1992/12/section/87GTaxation of Chargeable Gains Act 1992An Act to consolidate certain enactments relating to the taxation of chargeable gains.1992-03-06texttext/xmlenStatute Law Database2025-11-05Expert Participation2025-03-20 Part III Individuals, partnerships, trusts and collective investment schemes <Addition ChangeId="key-8a3a002645da75cf42b2f7b0979acdba-1541328932022" CommentaryRef="key-8a3a002645da75cf42b2f7b0979acdba">etc</Addition> Chapter II Settlements Migration of settlements, non-resident settlements and dual resident settlements<Addition ChangeId="key-2b06b41d071467dc0d80c31111ee0590-1546855117353" CommentaryRef="key-2b06b41d071467dc0d80c31111ee0590">Settlor liable if capital payment received by close family member</Addition>87G1Subsection (2) applies if in the case of a settlement—aa beneficiary of the settlement receives a capital payment from the trustees in a tax year,bthe settlor is resident in the United Kingdom for that tax year, andcthe beneficiary (“the original recipient”) is a close member of the settlor's family (see section 87H) at the time of receipt.2Sections 87 and 87A have effect as if the capital payment—awas received from the trustees by the settlor—ias a beneficiary of the settlement (whether or not the settlor is otherwise a beneficiary of the settlement), andiiat the time it was received by the original recipient, andbwas not received by the original recipient.2ABut subsection (2) does not apply if—athe original recipient is resident in the United Kingdom for the tax year in which they receive the capital payment, andbthe settlor is a qualifying new resident for that tax year.3Where any tax is chargeable on the settlor as a result of subsection (2) and is paid, the settlor is entitled to recover the full amount of the tax from the original recipient.4For the purpose of recovering that amount, the settlor is entitled to require an officer of Revenue and Customs to give the settlor a certificate specifying—athe amount of tax paid, ...bthe amount of the gains on which the tax is paid, andcthe tax year in which those gains were treated as arising,and any such certificate is conclusive evidence of the facts stated in it.Ss. 87D-87P inserted (with effect in accordance with Sch. 10 para. 1(12)-(15) of the amending Act) by Finance Act 2018 (c. 3), Sch. 10 para. 1(1)Word in Pt. 3 heading inserted (with effect in accordance with Sch. 22 para. 12 of the amending Act) by Finance Act 2009 (c. 10), Sch. 22 para. 9; S.I. 2010/670, art. 2S. 87G(2A) inserted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 60(3), 70(1)Words in s. 87G(1)(b) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 60(2), 70(1)Word in s. 87G(4) omitted (for the tax year 2025-26 and subsequent tax years) by virtue of Finance Act 2025 (c. 8), Sch. 12 paras. 60(4)(a), 70(1)S. 87G(4)(c) and word inserted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 60(4)(b), 70(1)