Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Rules on settlor interested trusts

13 June 2018 / Jennifer Emms
Issue: 4651 / Categories: Comment & Analysis
istock-117147884_fmt

The quest for the grail

KEY POINTS

  • New rules were introduced by F(No 2)A 2017 but with retrospective effect from 6 April 2017.
  • Settlors are prevented from obtaining preferable tax treatment.
  • There is no unified concept across the taxes of when a trust qualifies as settlor interested.
  • The consequences of a trust being settlor interested differ depending on the tax concerned.
  • The gift with reservation of benefit rules can result in double taxation.
  • Trusts may have protected status but could this lead to a false sense of security?

Tax practitioners across the land have been left pondering the operation of the rules on the protection of overseas trusts. The rules are a knight in shining armour for some deemed domiciled settlors. Their preparation for battle was slow: the draft legislation was...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon