Q&As

X settled an accumulation and maintenance trust prior to 2006. No changes have been made to the terms of the trust since its settlement. How will the trust be treated for inheritance tax purposes?

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Produced in partnership with Harriet Brown of Old Square Tax Chambers
Published on: 21 January 2019
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The taxation of pre-2006 accumulation and Maintenance trusts (A&M trusts) turns on the provision of section 71 of the Inheritance tax Act 1984 (IHTA 1984). This will be the case where one or more beneficiaries will, on or before attaining a specified age not exceeding 18, become beneficially entitled to it, no Interest in possession subsists in the property, and the income is not used for maintenance it is accumulated.

Further conditions for the application of IHTA 1984, s 71 are:

  1. not more than 25 years have elapsed since the commencement of the Settlement

Harriet Brown
Harriet Brown chambers

Barrister and Jersey Advocate, Old Square Tax Chambers


Harriet is qualified to practice in England and Wales and Jersey. She has rights of audience before all courts in both jurisdictions. Harriet advises taxpayers in relation to UK tax matters. She advises on all direct tax matters for private and corporate clients as well as in the context of trusts and estates, and on indirect tax matters. In addition to advising extensively on traditional private client matters, Harriet has a particular interest in international matters such as double tax treaties, TIEAs, disclosure facilities and conflict of laws issues arising in a tax context. Harriet also has extensive experience of resolving disputes with HMRC in both direct and indirect tax matters. Her approach is always to give detailed and practical advice from the initial enquiry through to any tribunal hearing. She offers a full service, particularly advising on the conduct and settling of tax enquiries, which often results in a favourable conclusion at an early stage. She can advise and act in all forms of alternative dispute resolution with HMRC, as well as in traditional litigation.

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Jurisdiction(s):
United Kingdom
Key definition:
Maintenance definition
What does Maintenance mean?

Payments made to a spouse or civil partner or a former spouse or civil partner for themselves or for a child of the family.

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