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Where Taxpayers and Advisers Meet

POT & Deeds of Variation

D Sum
Joined:Wed Aug 06, 2008 3:12 pm

Postby D Sum » Thu Aug 12, 2004 1:17 am

I relatively new to the forum and please forgive me if this question has been asked before (I did search).

Anyway, in relation to the previously owned asset tax, has anyone got a view on whether it affects deeds of varition following the finance bill receiving royal assent.

In my opinion there is some confusion of deeds of variation exclusion crossing with the settlor interested trust. Can anyone clarify?

If the answer is that it is dependant on the drafting of the deed, I would be grateful if someone highlight the key areas to cover.

Kind regards


Simon Sweetman
Joined:Wed Aug 06, 2008 3:11 pm

Postby Simon Sweetman » Fri Aug 13, 2004 8:47 am

A deed of variation made within two years of a death is effective for IHT and CGT. The assets involved are treated as if their disposition was part of the will of the deceased, so no living person has made a gift and so cannot have reserved a benefit.

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