– see also Settlor's income

Adjustments between settlor and trustees

Commentary – Quick Overview ¶62340

Anti-avoidance provisions

Settlor-interested settlements

– see Settlor-interested settlements

As beneficiary

Commentary – Woolley on Financial Planning with Trusts 4.1.3

Beneficiary as

Commentary – Tax Reporter ¶357-175

Benefit to settlor rules

Family company/partnerships

Legislation/Regulatory – IRInt. 258

General provisions

Legislation/Regulatory – FA95 s. 74, Sch. 17

Goodwill

Legislation/Regulatory – IRInt. 258

Guidance and examples

Legislation/Regulatory – TB04/03-1

Offshore income gains, children

Legislation/Regulatory – ESC A93

Partnerships

Legislation/Regulatory – IRInt. 258

Self-assessment returns

Legislation/Regulatory – IRInt. 258

Spouses

Legislation/Regulatory – IRInt. 258

Unmarried minor children of settlor

Legislation/Regulatory – ESC A93

Capital gains tax

Generally

Commentary – Tax Reporter ¶357-400

Hold-over relief

Commentary – Tax Reporter ¶357-450

Interested settlements

– see Settlor-interested settlements

Non-resident/non-domiciled

Commentary – Tax Reporter ¶357-425

Capital sums paid to

Commentary – Quick Overview ¶62345 ; Quick Overview ¶62350

Children/grandchildren, trust income received by

Commentary – Quick Overview ¶62280

Close company loans to participators

Legislation/Regulatory – ITTOIA2005 s. 418

Death of

Commentary – Quick Overview ¶62545

Disposable property, meaning

Legislation/Regulatory – ITA2007 s. 468

Domicile

Legislation/Regulatory – IHTA84 s. 267(3)

Domicile considerations

Commentary – Woolley on Financial Planning with Trusts 17.7.3

Gains on life insurance policies, life annuity contracts

Commentary – Tax Reporter ¶344-480

Generally

Commentary – Woolley on Financial Planning with Trusts 4.1.1

Heritage maintenance funds

– see Maintenance funds for heritage assets

Heritage maintenance settlements

– see Heritage maintenance settlements

Identification

Transfers between settlements

Commentary – Tax Reporter ¶351-000

Variation of wills/intestacies

Commentary – Tax Reporter ¶351-000

Income

– see Settlor's income

Income charged on

Commentary – Tax Reporter ¶129-260

Inheritance tax

Gifts subject to reservation

Commentary – Tax Reporter ¶614-000
HMRC Guidance – IHTM14301 ; IHTM14393 ; IHTM14394
Case Law – Exors of Harry Dexter Lyon dec'd v. R & C Commrs

Maintenance funds, payments to

Commentary – Tax Reporter ¶652-500

Initial interest in possession

Commentary – Quick Overview ¶62610

Interest in settlement

Commentary – Tax Reporter ¶548-670

Interest retained

Commentary – Quick Overview ¶62330

Liability for tax

Generally

Legislation/Regulatory – IHTA84 s. 201(1), (2)

More than one settlor

Legislation/Regulatory – IHTA84 s. 201(4)

Life interest in trust fund

Case Law – Berry v. Warnett (H.M. Inspector of Taxes). [1982] BTC 239

Losses deduction from attributed gains

Commentary – Tax Reporter ¶358-150
HMRC Guidance – CG38535

Meaning

Anti-avoidance provisions

Commentary – Tax Reporter ¶350-975
Case Law – Commissioners of Inland Revenue v. Leiner ; Commissioners of Inland Revenue v. Pay ; Mills v. Commissioners of Inland Revenue

Capital gains tax

Commentary – Tax Reporter ¶351-000

Generally

Commentary – Quick Overview ¶62310 ; Quick Overview ¶62380 ; Quick Overview ¶62460 ; Woolley on Financial Planning with Trusts 4.1.1
Legislation/Regulatory – IHTA84 s. 44(1), 272 ; ITA2007 s. 467 ; ITTOIA2005 s. 620 ; SI 1987/530 reg. 7 ; TCGA92 s. 68A
HMRC Guidance – IHTM30111 ; IHTM42251

Income tax

Commentary – Tax Reporter ¶350-975
Case Law – Commissioners of Inland Revenue v. Leiner ; Commissioners of Inland Revenue v. Pay ; Mills v. Commissioners of Inland Revenue

Inheritance tax

Commentary – Tax Reporter ¶351-025

More than one settlement

Legislation/Regulatory – ITA2007 s. 2

Multiple

Legislation/Regulatory – IHTA84 s. 44(2)

Non-resident settlements

– see Settlements; Trustees

Non-resident trusts

Background

Commentary – Tax Reporter ¶359-550

Charge to tax

Commentary – Tax Reporter ¶359-575
HMRC Guidance – CG38545

Exceptions to charge

Commentary – Tax Reporter ¶359-650

Grandchildren, qualifying settlements

Commentary – Tax Reporter ¶359-725

Information powers

Commentary – Tax Reporter ¶359-825

Interest in a settlement, meaning

Commentary – Tax Reporter ¶359-675
HMRC Guidance – CG38480
Case Law – Unmarried Settlor v IR Commrs

Meaning of settlor

Commentary – Tax Reporter ¶359-625
Case Law – Commissioners of Inland Revenue v. Leiner

Protected settlements

Commentary – Tax Reporter ¶359-750

Qualifying settlements

Commentary – Tax Reporter ¶359-700

Recovery of tax, right of

Commentary – Tax Reporter ¶359-800

Reporting requirements

Commentary – Tax Reporter ¶359-825

Tainted settlements

Commentary – Tax Reporter ¶359-775–Tax Reporter ¶359-795

Temporary non-resident settlors

Commentary – Tax Reporter ¶359-600

Non-resident trusts, gains

Amounts subject to the charge

Commentary – Quick Overview ¶62225

Avoidance of double charge

Commentary – Quick Overview ¶62225

Interaction with other charges

Commentary – Quick Overview ¶62225

Person ceasing to be

Legislation/Regulatory – ITA2007 s. 469

Personal allowable losses

Legislation/Regulatory – FA2002 Sch. 11, para. 7, 8 ; TCGA92 s. 86(1)(e), 86A(2), (2A), (2B), (7A), 87(3A)
HMRC Guidance – CG38445 ; CG38455 ; CG38465 ; CG38500

Pre-1991 trusts

Legislation/Regulatory – FA98 s. 132, Sch. 23

Proposed changes

Commentary – Quick Overview ¶62335

Refunds of tax received by

Generally

Commentary – Quick Overview ¶62250

HMRC certificate

Commentary – Quick Overview ¶62250

Reservation of interest

Legislation/Regulatory – FA86 Sch. 20, para. 5

Residence

Legislation/Regulatory – ITA2007 s. 476

Resident outside UK, exit charge

Legislation/Regulatory – IHTA84 s. 65(8)

Settlor-interested settlements

– see Settlor-interested settlements

Sole beneficiary, interest in possession

Case Law – Moore & Anor. v. Inland Revenue Commissioners. [1984] BTC 8,034

Transfers between settlements

Generally

Legislation/Regulatory – ITA2007 s. 470

Identification of settlor

Legislation/Regulatory – FA2006 Sch. 12, para. 1 ; ITA2007 s. 471 ; TCGA92 s. 68B

Treatment as, attribution of gain

Case Law – Coombes v Revenue and Customs Commissioners. [2008] BTC 884

Trust registration service

Commentary – Woolley on Financial Planning with Trusts 40.3.2

Trustee as

Commentary – Tax Reporter ¶351-000 ; Tax Reporter ¶357-175

Two or more

Commentary – Quick Overview ¶62340

Variation of will or intestacy

Deceased person as settlor

Legislation/Regulatory – ITA2007 s. 473

Generally

Legislation/Regulatory – ITA2007 s. 472

Identification of

Legislation/Regulatory – TCGA92 s. 68C