These rates will apply to all income above the maximum standard rate band of £1,000, where the trustees have the power to accumulate income or have discretion over its distribution.
Graham Purvis from Robson Laidler LLP said “In cases where the beneficiary who receives income will not be liable for the new 50% tax rate, they are able to reclaim the tax, although that is likely to be an added inconvenience, while for higher earners it will represent an additional tax cost.
“To help prepare for this, trustees may want to review who benefits from their trust ahead of next April, with a view to maximising payments to individuals who can recover the tax”.
It is also worth considering creating ‘revocable interests in possession’ in favour of beneficiaries, which would allow them an immediate right to income from the trust. The trustees’ liability would then be limited to basic rate which in many cases would mean they did not have to make any payments to HMRC, and the problem of the loss of notional tax credits from the trust’s tax ‘pool’ is removed.
Revocable interests no longer have any Inheritance Tax (IHT) implications, and there should also be no consequences for Capital Gains Tax (CGT).
For more information please contact us.
Notes to editors
For more information contact Graham Purvis of Robson Laidler LLP: Direct Line 0191 2818191, Email gpurvis@robson-
These comments are offered for publication on the understanding that our contact information is included.
The writer would appreciate details of the publication date if this article is released for publication.
