Where Taxpayers and Advisers Meet

IHT forms for resettled trusts

beckied
Posts: 21
Joined: Wed Aug 06, 2008 3:28 pm

IHT forms for resettled trusts

Postby beckied » Thu Apr 20, 2017 1:03 pm

IHTA 1984, s81 treats property transferred to new settlement as remaining in first settlement for IHT purposes. Therefore if I have a 1990 discretionary settlement which due to family split in 2007 resettled half of the trust property into a new discretionary settlement (our client) who completes the IHT100 at 10 year anniversary? Does each trust do one but then how do you apportion IHT nil rate band? Does the other trust (as the oldest trust) complete it with info from our client re values in the new settlement. How do we account for additions (say of income) to capital in other trust that we may not know about when capital exiting our trust? Presumably it is a case of seeking info from other trustees on an ongoing basis? Any advice/thoughts gratefully received!

maths
Posts: 6894
Joined: Wed Aug 06, 2008 3:25 pm

Re: IHT forms for resettled trusts

Postby maths » Tue Jun 06, 2017 8:09 pm

In 2000 (10th anniversary of 1990 DT) the trustees of this trust complete the relevant return. The transferee settlement effectively for IHT purposes owns no property and hence there is no 10 year return either as at 2000 or 2017.

Capital leaving the 2007 settlement which relates to property transferred into it form the 1990 trust results in an exit charge for the 1990 trust.

If the 2017 trust receives added property (not from the 1990 trust) then an exit charge for the 2007 settlement arises only where such property leaves it (what happens in the 1990 trust has no consequence for the 2007 trust).


Return to “Inheritance Tax, IHT, Trusts & Estates, Capital Taxes”