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Settlement struggle

14 January 2014 / Lesley Rance
Issue: 4435 / Categories: Comment & Analysis , R185 , Income Tax , Inheritance Tax , Trusts

Who pays what when considering settlor-interested discretionary trusts, and who is repaid what?

KEY POINTS

  • Comparing the settlor’s tax repayment with the tax paid by the settlement.
  • Completing income and tax details on the form R185.
  • Settlement income is charged on the beneficiary as if it had been directly received.
  • Is there an argument that the income should simply be declared and taxed on the settlor’s tax return?
  • Does a discretionary power mean that income must be trust income?

I am sure that I cannot be the only one who has ever struggled over a tax calculation.

However having spent some considerable time trying to get my head around this latest problem: the amounts that appear on a form R185 and in the tax return of the settlor. I believe I have cracked it.

And because the social networking trend...

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