Trusts

Making the complex simple

A trust is simply an arrangement where assets are held by one or more individuals or a trust company for the benefit of others. Trusts can be established during your lifetime or on your death if included in your will. They are no longer primarily instruments for tax planning, and have a wide range of potential uses for the management and control of family assets.

UK and offshore trusts

Trusts are flexible vehicles for the management and control of assets. They are a number of reasons why someone might consider using a trust:

  • You wish to make a gift of money/an asset but continue to exercise some discretion over how that money, or asset is used and invested;
  • If, due to illness or disability you are unable to look after your own assets;
  • To ensure that any assets that you leave to your children are protected should your spouse remarry after your death. 

Trusts have some distinct tax considerations and trust income tax can be complex. It is therefore important to ensure they are set up and managed correctly. It is also important to ensure that existing trusts are still appropriate for your needs.

We can advise on the most appropriate UK or offshore trust for you. We can also review existing trusts to ensure that they are still fit for purpose.

Trust compliance

Trustees may be required to file self-assessment tax returns in respect of the income and capital gains received by the trust. Trust tax returns can be complex and not every accountant or tax adviser is comfortable completing them.

We can assist trustees with all aspects of UK trust tax as well as tax trust compliance obligations including IHT reporting, if required.

Case Study

Trusts

Offshore trusts - Tax implications for UK residents

Intro

We were asked to advise on the tax implications of an offshore family trust wishing to make distributions to a UK resident beneficiary.

Issue

The trustees thought that it would be relatively straightforward to make distributions to the UK beneficiary as tax had already been paid in the offshore trust’s income – any tax due would surely be offset against tax already paid.

Unfortunately, the legislation relating to offshore trusts is extremely complex and it is important to analyse the trust’s historic income and gains to ascertain the tax treatment.

How we solved it

We were able to provide an analysis of the trust’s income and gains and explain that any distributions made to the UK beneficiary would be subject to income tax at 40% with no available foreign tax credit to offset.

We suggested that instead the trust makes a loan to the beneficiary instead.

The Outcome

The loan avoided an income tax charge arising on the UK beneficiary. As we advised the beneficiary to pay the trust the Official Rate of Interest on the loan (currently 2.25%) no taxable benefit arose either.

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Inheritance Tax
& Estate Planning

Trusts

Residence
& Domicile

Self-assessment
Tax Returns

Capital
Gains Tax

UK Pension
Schemes

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