Learning Material Sample

Trusts

7. Taxation of trusts

Chapter learning outcome: To understand how trusts are subject to tax and how a liability can fall to the settlor, trustees or beneficiaries

In this chapter, we consider the taxation of the different forms of trust. Tax will often be a key reason why trusts are set up, so a reasonable understanding of this issue is vital when discussing trust solutions with clients.

The taxation system divides trusts into these different five categories for most tax purposes.

Bare trusts, under which the trustees are effectively nominees of the beneficiary, who is either absolutely entitled or will become so at the age of 18. Most implied, presumptive and construc...

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...t property trusts’.

Gifts into interest in possession trusts prior to 22 March 2006 were treated as Potentially Exempt Transfers (PETs) for inheritance tax purposes. This means that lifetime tax was not payable, and the trust would not have been subject to exit or ten-year anniversary charges. However, the value of the trust fund would be included in the estate of the beneficiary with the interest in possession for IHT purposes on their death (even if they weren’t entitled to any capital from the fund).

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