Property - Bare Trust - new IHT charges

Postby downtowner on Wed Sep 27, 2006 11:54 pm

I brought a property and then made a declaration of trust which detailed how my brother and myself were the two equal beneficial owners of the property.
My understanding is that this is a 'bare trust'
so My brother and i are the two beneficiaries of a bare trust with a property settled into the trust by me.
My question is 'how does the changes in April 2006 effect the trust'.
I can find no mention of 'bare trusts' in the government web sites just 'settlor interest trusts' etc.
How can the trust be 'closed' or whatever the legal term is with no cost.
Can the trust by an action by me the trstee just organise the legal ownership of the property to change and hence the benficiaries have had the trust funds assets distributed to them.
I assume this is a zero tax operation because it is a bare trust and no gain so no tax for the trust itself. As equity ownership is not changing there should be no stamp duty on the transaction.

Please comment and suggest how to preceed.
Note: the trust was never intended to avoid any IHT or other tax just to secure ownership of the 50% for my brother.
downtowner
 
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Postby Simon Sweetman on Thu Sep 28, 2006 11:09 pm

In tax terms a bare trust is treated as not being a trust at all, so for tax purposes you and your brother own the property in equal shares. You do not need to do anything.
Simon Sweetman
 
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Postby downtowner on Fri Sep 29, 2006 2:07 am

Thanks Simon
Perhaps you could clarify why it is a 'bare' trust and not a 'stellor-interested' trust.
I assumed it was a 'bare' trust but worried that
i did not know what the 'settlor-interested'
trust was.

Also perhaps you could comment on the efficacy of
having such a trust on property and just having
the two people on the title.

Also [sorry to milk your kind comments] is it a simple
and cost free exercise to determine the trust and distribute the title eg: stamp duty free conveyance etc.
What is the situation about asuch a trust that exists but no deen of trust has been written.
Can a deen of trust be written to document an actual trust that was created when a property was purchased.
Again thanks for a clear and usefull answer.
downtowner
 
Posts: 4
Joined: Wed Aug 06, 2008 3:04 pm


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