Inland Revenue 18
                                                  17 March 1998
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         CAPITAL GAINS TAX: RATE FOR TRUSTS AND ESTATES
                                
The capital gains tax rate structure for trusts and estates
will be rationalised  and made fairer under the Chancellor's
Budget proposals for the reform of  capital gains tax.  

All gains realised by trustees and personal representatives of
deceased  persons will be charged at the rate applicable to
trusts, which is currently 34  per cent.  

The new uniform rate will apply to gains realised on or after
6 April 1998.

DETAILS

1.   A special capital gains tax rate structure applies to
gains realised by  trustees and personal representatives on
the disposal of assets of a trust, or  a deceased person's
estate in the course of administration.  By contrast with  the
position for income, the tax paid is the final liability.  No
adjustment is  made to the liability when distributions are
made to beneficiaries.

2.   The trustees of discretionary and accumulation trusts are
charged to  capital gains tax at the rate applicable to trusts
- currently 34 per cent. This  rate reflects the various rates
that would have applied if the gains had arisen  directly to
beneficiaries.  

3.   Capital gains which accrue to the trustees of interest in
possession  trusts (trusts in which the beneficiaries are
entitled to all the income) and to  personal representatives
of deceased persons are currently charged at the  basic rate
of tax  - currently 23 per cent.  Where the beneficiaries are
higher  rate taxpayers there is no additional charge when
capital is passed to them.   This means that these gains may
bear a lower rate of tax than if they had  arisen directly to
the beneficiaries.  It can also lead to trusts being set up 
purely for tax avoidance reasons.

4.   The Chancellor proposes that the gains of all trusts and
estates in the  course of administration should be taxed on
the same basis.  From 6 April  1998, all gains arising to
trustees and personal representatives will therefore  be
charged at the rate applicable to trusts.  This will provide a
uniform and  fair rate of tax for all trust and estate gains.  

NOTES FOR EDITORS

1.   Trustees, and personal representatives of deceased
persons, are  chargeable to capital gains tax on gains from
the disposal of property in the  trust or deceased person's
estate.  The tax paid is a final tax.  If the proceeds  are
distributed to a beneficiary (as part of a capital
distribution) the  beneficiary has no further tax to pay on
the gains, and no credit is given for  the tax paid by the
trustees or personal representatives.  This is different from 
the treatment of income which, on distribution to
beneficiaries, is  subsequently taxed at the taxpayer's
marginal rate of income tax (subject to a  credit for tax
already paid by the trustees or personal representatives).

2.   The new uniform rate will not affect the computation of
gains  chargeable on trustees or personal representatives or
the reliefs to which  they are entitled.  As explained in
press release Inland Revenue 16, trustees  and personal
representatives, like individuals, will be entitled to taper
relief  on gains according to the type of asset disposed of
(i.e. whether the asset is  a business or non-business asset)
and the length of time it has been held.   Taper relief will
therefore reduce the effective rate of tax on trust gains to a 
rate that is between the rates set out in that press release
for basic and  higher rate taxpayers.  

3.   The special rules which apply to capital gains realised
by a trust from  which the settlor or the settlor's spouse can
benefit are unaffected by this  change. 

4.   The present treatment of capital gains which applies to
assets at the  time of an individual's death will continue. 
No capital gains tax is charged on  gains arising on death,
and personal representatives are chargeable only on  gains on
the disposal of assets which have risen in value from the time
of  death.

5.   The yield from the new uniform rate is included in the
figures in press  release  Inland Revenue 16 which summarises
the main structural changes  for capital gains tax.


INLAND REVENUE PRESS OFFICE
Media enquiries to: 0171 438 6692/6706/7327