Tax on discretionary trust

Postby topsails on Tue Jul 04, 2006 9:04 am

My adult daughter has a learning disability. Ive set up a discretionary trust and hoped that she would continue to get incapacity benefit plus, at discretion of trustees, receive income on capital they invested on her behalf - without having to pay too much tax. I've since learned that the trustees will have to pay 40% on any income. Other people think the trustees may be able to claim any tax paid back because of her incapacity.

Another website indicates the only way to avoid this punitive level of tax is to occasionally release the capital to her rather than interest.

Any advice would be tremendously appreciated.

many thanks
topsails
 
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Postby Lee Young on Fri Jul 07, 2006 12:41 am

If your daughter is not a higher rate tax payer then some or all of the 40% tax paid by the trustees can be reclaimned by her.
Lee Young
Solicitor, Chartered Tax Adviser and Trust and Estate Practitioner


Partner, Frettens LLP
leeyoung@frettens.co.uk
01202 491701
Lee Young
 
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Postby topsails on Fri Jul 07, 2006 5:40 am

Lee Young. Many thanks for responding. Topsails
topsails
 
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