Commentary

I12.805 Interest in possession trusts

IHT, trusts and estates

I12.805 Interest in possession trusts

I12.805 Interest in possession trusts

For a full description of the IHT treatment of such trusts see Division I5.2.

A significant planning opportunity can exist where a shareholder owns family company shares both personally and also has an interest in possession. For a full discussion of the basis of valuation of an interest in possession so determined see I5.228 and I5.281.

The facility of valuing the interest determined in isolation means that where a key shareholding is held on an interest in possession basis, consideration should be given to determining this interest rather than any holdings held personally.

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