This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Can our property company shares be put into a trust?

Question:

My wife and I own a property company. Can the shares be put in a trust for family members?  

Arthur Weller replies 

Yes – you can transfer privately owned company shares into a UK trust. However, it is treated as a gift for both capital gains tax (CGT) and inheritance tax (IHT) purposes. Putting shares into a relevant property trust is an immediately chargeable lifetime transfer for IHT purposes. Above the £325,000 nil-rate band (per individual), 20% lifetime IHT is payable now, and the trust is liable for 10-yearly and exit charges later. With regard to CGT, perhaps a holdover election (under TCGA 1992, s 260) will enable you to hold over the capital gain when the shares go into the trust. 

My wife and I own a property company. Can the shares be put in a trust for family members?  

Arthur Weller replies 

Yes – you can transfer privately owned company shares into a UK trust.

...


This question was first printed in Property Tax Insider in August 2025.