Tax efficient disc trust

Tax efficient disc trust

Postby Blueskies on Sun Sep 11, 2011 1:50 pm

Hi there,

My dad wants to pass some assets to me and I was wondering about whether I could use a disc trust (DT) to make it tax efficient.

He passes the assets (couple of properties - £300k value) into the DT.
I would be the trustee.
Beneficiaries would be me and my two kids (aged 2 and 4).

I would distribute the income every year to my kids and they would claim the 50% trust tax back. So pretty much no tax.

When I want some assets/income, I could distribute some to me. I pay tax so I couldn't claim it all back.
Does that work?

Thanks,
Andrew
Blueskies
 
Posts: 7
Joined: Thu Oct 30, 2008 12:47 pm

Re: Tax efficient disc trust

Postby Lee Young on Mon Oct 17, 2011 5:51 pm

The scenario you outline would work, provided your father has no cumulative chargeable transfers on his iht "Clock". It would also help to defer the CGT (if any) on the disposal of the properties into the trust, though it would deprive anyone from claiming main residence relief on them going forward.

Your father is the one who really needs to take advice to ensure that this is a sensible ides from his perspective.
Lee Young
Solicitor, Chartered Tax Adviser and Trust and Estate Practitioner


Partner, Frettens LLP
leeyoung@frettens.co.uk
01202 491701
Lee Young
 
Posts: 2740
Joined: Wed Aug 06, 2008 3:26 pm


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