The following Trusts and Inheritance Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
When trust property ceases to be relevant property, it becomes subject to a charge to inheritance tax. This charge is known as either:
the exit charge
the proportionate charge
IHTA 1984, s 65
This guidance note explains how to work out the amount of tax payable when an exit charge arises. It applies to occasions of charge which arise on or after 18 November 2015, which was the date of Royal Assent of the second Finance Act of 2015. F(No 2)A 2015 amended the rules for calculating the exit charge. The former method of calculation is outlined in the Calculation of exit charge before 18 November 2015 guidance note with a summary of the changes given below.
See the Relevant property guidance note for an explanation of what relevant property is.
This note should be read in conjunction with the Principal (10-year) charge guidance note. The comments made in that note on obtaining valuations are just as pertinent to the calculation of the exit charge.
An exit charge arises when trust property ceases to be relevant property.
As explained in the Principal (10-year) charge guidance note, relevant property is subject to a principal charge on each 10th anniversary after the trust was created. If property leaves the trust, it will escape the charge on the next 10-year anniversary, although it will have been relevant property for part of the 10-year period. To compensate for this, a charge is made to reflect the proportion of the period during which it was relevant property.
The usual occasion on which an exit charge arises is the distribution of capital to a beneficiary. This might be as a result of the trustees’ decision to make a payment, or on the beneficiary becoming absolutely entitled to their share under the terms of the trust. The termination of the trust and distribution of the whole fund will give rise to an exit charge.
The charge will also apply if the
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login
IntroductionUK tax must be withheld on UK payments including:•interest•royalties•rental incomeWithholding tax may be reduced under double tax treaties (DTT) or European directives, both of which may be subject to making a formal claim.This guidance note outlines the rules for UK withholding tax, and
This guidance note explains how to calculate the amount of tax that arises under the lifetime charge. In general terms the lifetime charge will apply to individuals who transfer property into a trust that is subject to the relevant property regime. See the Chargeable transfers and Occasions of
Expenditure of a capital nature is not allowed as a deduction when calculating trading profits. Expenditure of a revenue nature is allowable, provided there is no specific statutory rule prohibiting a deduction and the expenditure also satisfies the wholly and exclusively test. See the Wholly and
Why is this important?Tax-free amountEach individual, whether or not they are resident in the UK, is entitled to an annual exempt amount when calculating the taxable amount of their chargeable gains for the tax year (although see the exceptions below). The annual exempt amount is also known as the
To view our latest tax guidance content, sign in to Tolley Guidance or register for a free trial.