Budget briefing note for trustees
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New statutory rules will govern how trustee liabilities are deducted when valuing trust property for IHT purposes, aligning their treatment with personal liabilities and strengthening anti-avoidance rules.
This is particularly relevant to “home loan” (or “double trust”) scheme structures but could also have wider implications.
The new anti-avoidance rules will apply to trusts in which a beneficiary has a “qualifying interest in possession” (certain types of life interest trust) and those should be checked in response.
Usually, when a UK resident trust “emigrates” (i.e. ceases to be UK resident), there is a CGT exit charge which taxes unrealised gains.
Subject to some limited caveats, the new relief stops this exit charge biting if a trust:
This could be very helpful in cases where a trustee move has accidentally pulled a trust into the UK tax net.
Gains realised within cells of protected cell companies (PCC) are now likely to be attributed to UK resident cell owners (or attributed to settlors/added to “pools” in the case of owners which are non-UK resident trustees).
There will be a 4% increase in income tax rates on property and savings income. Note that savings income can include certain deemed forms of income (such as deemed income from offshore bonds).
Tax credits for beneficiaries of UK resident discretionary trusts remain limited to 45%.
The annual charge (of between £2,500 and £7,500) will be payable by the legal owners of residential properties in the UK worth over £2 million. A 100% premium applies to properties left unfurnished and unoccupied for over 12 months.
The government have reiterated their commitment to ongoing review of the residence-based “FIG” tax regime for individuals and to overhauling the personal tax offshore anti-avoidance framework (including the transfer of assets abroad regime, the settlements code and CGT attribution rules). It seems unlikely that significant changes will be introduced before 2028.
The government will proceed with its planned reforms to the taxation of corporate distributions, with a technical consultation on draft legislation in 2027. The proposals could fundamentally reshape how returns of value are taxed for individual and trust shareholders and may make it significantly harder to extract value from companies at capital rates. They will apply prospectively from April 2028.
The provisions include a new temporary tax charge which will apply to loans or advances made by non-UK resident companies to participators (including UK resident trustees). It will be payable by the participator, not the company.
This note is a general summary and not advice. Please contact us before taking action.
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