Age 18–25 trusts

Produced by Tolley

The following Trusts and Inheritance Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • Age 18–25 trusts
  • What is an Age 18–25 trust?
  • Inheritance tax concession
  • Qualifying conditions for an Age 18–25 trust
  • Computation of the exit charge
  • Alternative flat rate charge

Age 18–25 trusts

What is an Age 18–25 trust?

The special category of Age 18–25 trusts was introduced by FA 2006 to offer some compensation for the loss of old style accumulation and maintenance (A&M) trusts. The A&M regime offered exemption from IHT charges on trusts in favour of children and young adults up to the age of 25. The conditions were fairly narrow and precise but nevertheless enabled any settlor, both in lifetime and on death, to make provision for young people. See the Accumulation and maintenance trusts guidance note. After FA 2006:

  1. existing A&M trusts could retain their IHT privileges only if beneficiaries became absolutely entitled to trust assets by the age of 18

  2. new A&M style trusts could only be created for a child under 18 whose parent had died ― see the Trusts for bereaved minors guidance note

The Age 18–25 provisions extend both of these categories to retain some concessions for beneficiaries up to the age of 25.

Inheritance tax concession

Where property is held in a trust which qualifies as an Age 18–25 trust, there is no inheritance tax charge whilst the beneficiary is under the age of 18 as result of the following events:

  1. the beneficiary becoming absolutely entitled to the trust property

  2. the death of the beneficiary

  3. the trust property being paid or applied for the benefit of the beneficiary

IHTA 1984, s 71E(2)

After the beneficiary reaches the age of 18, an inheritance tax exit charge will arise as a result of those events. The charge is calculated with reference to the length of time the property has remained settled after the age of 18. The maximum chargeable period is therefore seven years. The calculation of the charge, which is described below, is based on the standard method for relevant property exit charges.

However, the legislation specifically states that Age 18–25 trusts are not relevant property. Consequently, the principal or 10-year charge does not apply.

Qualifying conditions for an Age 18–25 trust

The conditions

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