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Q&As
Form IHT100 should be used to tell HMRC about chargeable events when inheritance tax is payable on a trust or gift. See Practice Note: Trusts—IHT returns and tax compliance. For Commentary on when tax is not chargeable on the termination of an interest
Q&As
Pursuant to the Landlord and Tenant Act 1987 (LTA 1987), as amended by the Housing Act 1996, a right of first refusal arises where a landlord of a building containing a number of flats wishes to dispose of his interest in the property. In particular, LTA 1987, Pt I provides that the landlord is unable to make a disposal affecting the premises unless and until he has first offered qualifying tenants the right to purchase the same. Failure to comply with the statutory requirements is a criminal offence, and the tenants can require the purchaser of the interest to sell that interest to them on identical terms, which may have significant cost implications. The landlord’s offer must be by way of a section 5 notice as per LTA 1987. The notice must set out the terms upon which the landlord is proposing to dispose of his interest
Q&As
A separation agreement is an agreement drawn up between parties either in contemplation of a divorce or prior to finalising the arrangements in a divorce. This can cover a number of different things, such as what should happen with any property, finances and child arrangements. This can be drafted by professionals and can be a formal legal document which can be challenged in court, though it is not legally binding in the same way as a court order. They can carry weight in any divorce proceedings, depending on the contents and the circumstances of the agreement. Where one party does not abide by the terms of an
Q&As
A bare licence is the simplest type of licence. It is the giving of personal permission by the landowner for the licensee to enter and remain on the land without payment of consideration. Any lawful visitor is a bare licensee. The permission can be express—for example an invitation to a guest, or implied—for example someone making a delivery, such as a postman. An implied licence arises by circumstances
Q&As
Section 106 of the Town and Country Planning Act 1990 (TCPA 1990) enables anyone with ‘an interest in land’ in the area of the relevant local planning authority to enter into a planning obligation. Parties can only bind their own interest in the land and any successors in title to that interest. Normally, therefore, all persons with a proprietary interest in any land affected by a planning obligation (including freeholder(s), leaseholder(s), holders of any estate contract(s) and any mortgagees) will be party to the obligation. However, this is not a statutory requirement, and in practice, it may be quicker
Q&As
We refer you to Practice Note: Actuarial funding valuations, which explains that: • under section 224 of the Pensions Act 2004 (PeA 2004), the trustees must obtain actuarial valuations at least once every three years (provided that annual actuarial reports are obtained in the intervening years) • a pension scheme’s trust deed and rules may contain different provisions as to the frequency with which valuations are required, and • the trustees may commission an ‘early’ full
Q&As
Accumulation and maintenance (A&M) trusts A&M trusts are a specific type of trust which makes provision for children and young adults up to the age of 25, (see Practice Note: Accumulation and maintenance trusts—IHT [Archived]). The aim of such trusts is to allow those beneficiaries to benefit from income in the period prior to them receiving capital. Such trusts can be divided into two categories: • an old-fashioned A&M trust, whereby trustees are given a discretion whether to distribute income for the benefit of the beneficiary or accumulate it until the beneficiary attains the age of 25 • an A&M trust which satisfied the conditions in section 71 of the Inheritance Tax Act 1984 (IHTA 1984) which granted relief from inheritance tax (see: IHTM42807). Schedule 20 to the Finance Act 2006 amended IHTA 1984, s 71 so that the beneficiary of a qualifying
Q&As
The general function and role of the trustee in bankruptcy (trustee) is to get in, realise and distribute the bankruptcy estate in accordance with sections 305–335 of the Insolvency Act 1986 (IA 1986). The trustee's other major function is to review, adjudicate on and agree creditors' claims. For general guidance, see Practice Note: Roles, powers, functions and duties of a trustee in bankruptcy. A trustee’s reporting to creditors The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Pt 18 deals with the reporting and remuneration of office-holders. In particular, IR 2016, SI 2016/1024, r 18.3 outlines what an office-holder’s progress report in an administration, winding up or bankruptcy must contain. This includes: • an identification details for the proceedings • a summary of account of receipts and payments during the period of the report (emphasis added) • the information relating to distributions required by IR 2016, SI 2016/1024, rr 18.10–18.13 as applicable, and • any other information
Q&As
The Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020 (MLR 2020), SI 2020/991, reg 45ZA(1)(c) provides: '(c) a “type C trust” is a non-UK trust which is an express trust and is not a trust listed in Schedule 3A, where none of the trustees are resident in the United Kingdom and those trustees, in their capacity as such, acquire an interest in land in the United Kingdom.' MLR 2020, SI 2020/991, reg 45ZA(5)(a) provides that the information required must be provided by 10 March 2022 'in the case of a trust which first falls within paragraph 1(a), (b) or (c)
Q&As
The position at law is that, unless their voting rights are specifically restricted or excluded in the
Q&As
Power A District Council, as waste collection authority, has the power to remove waste in these circumstances under section 59 of the Environmental Protection Act 1990 (EPA 1990). Subsection (7) provides: ‘If it appears to a […] waste collection authority that waste has been deposited in or on any land […] and that — (c) the occupier neither made nor knowingly permitted the deposit of the waste; the authority may remove the waste from the land or take other steps to eliminate or reduce the consequences of the deposit or, as the case may require, to remove the waste and take those steps.’ Note also subsection (9): ‘Any waste removed by an authority under subsection (7) above shall belong to that authority and may be dealt with accordingly.’ Similar
Q&As
The component parts of client due diligence (CDD) entail: • identifying the client • verifying that identity, and • assessing, and where appropriate obtaining information on, the purpose and intended nature of the business relationship or occasional transaction You must determine the extent of your CDD measures and ongoing monitoring on a risk-sensitive basis, depending on the type of client, business relationship and matter. You are not required, as a matter of course, to identify and verify the identity of every shareholder of a corporate client. The measures you take to do this will depend on factors including the type of company (eg private company, unlisted public company, public company listed on a regulated market), the country of its incorporation (eg UK or overseas), as well as your risk assessment. Identify the company See Practice Note: CDD fundamentals guide—partnerships,