TSEM4745 - Settlements Legislation: Rules affecting non-domiciled and deemed domiciled settlors of non-resident trusts from 6 April 2025: Close family members鈥��
From 6 April 2025 the close family member rules remain听the same.鈥�听
A close family member of the settlor鈥�s family is听a person who at that time is:听
the settlor鈥�s spouse or civil partner;听
a听child of the settlor, or a child of the settlor鈥�s spouse or civil partner, and听has not reached age 18 at the time.听
Two people living together as a married couple are听treated as spouses/civil partners for this purpose.听
As explained in more detail in听TSEM4720听(Benefits)听a tax charge will arise听under section 643A ITTOIA 2005听when a CFM receives a benefit from the trust.听 If the CFM is UK resident,听then the charge will, in most cases, fall to them.听 There are some exceptions such as them being eligible for the 4-year FIG regime.听
If the CFM is not UK resident,听then the charge will fall to the settlor.听
If there is a choice about who is taxable then HMRC can apportion the charge on a just and reasonable basis.听
The onward gift rules (TSEM4755) extend to CFMs in a similar manner.听