TRUSTS
Before the Budget 2006 we broadly had three types of trusts for tax
purposes:
- Discretionary Trusts
- Accumulation & Maintenance Trusts (“A&Ms”)
- Interest in Possession Trusts (“IIPs”)
Now we also have:
- Bereaved
Minor Trusts
- S71D
Trusts
- Transitional
Serial Interests
- Immediate
Post Death Interests
Tax
wise the only trusts that were not really impacted by Budget 2006 were
Discretionary Trusts. The tax implications of any new A&Ms and
IIPs
will differ from the tax implications of such trusts created pre 22
March 2006.
More
importantly there is a window of opportunity for people with existing
trusts to review their trusts and ensure that wherever possible they
have maximised the benefits of their trusts before 6 April 2008.
The clock is ticking and in some cases it may be necessary to apply to
the Court to amend trust deeds so review of trusts can not be left till
the last minute.
Trusts or Mesher
orders used to put assets in trust on divorce may now have inheritance
tax implications
which will need to be considered. It is hoped that government will
review the impact of the taxation implications on divorce but until
then there are some existing reliefs available which may reduce the
impact of the new trust legislation on divorce cases.
Erika
Holden at Holden Tax Consulting is not only a Chartered Tax Adviser but
also a Trust and Estate Practitioner and can therefore review existing
trusts and advise on the implementation of new trusts with the right
level of knowledge and expertise.