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Tax tip: Reviewing trusts

23 September 2024
Issue: 4954 / Categories: Forum & Feedback

Why trusts should be urgently reviewed.

It is widely expected that the Budget on 30 October may make some significant reforms to inheritance tax and capital gains tax. Such reforms could have a serious ongoing impact on existing trusts.

Advisers with trustee clients should suggest an immediate review of the trust to allow any planning action undertaken to be treated in accordance with current tax rules. This is particularly relevant where clients are already considering such actions.

Examples where early planning action may be appropriate include:

  • making an absolute appointment under a current pre-2006 power of appointment trust to secure potentially exempt transfer (PET) treatment;
  • making an absolute appointment under a discretionary trust to use the current IHT rules and rates and after due consideration on future CGT rates use CGT hold-over relief;
  • releasing an outstanding loan under a loan (or gift and loan) trust where the settlor no longer needs ‘income’;...

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