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Model and Worked Answers Dealing with Income
Task 1 X dies in Dec 2009 and leaves PS200,000 to T's to hold for such of his Grandchildren (GC) as reach 25. The accumulation period for the trust is 21 years from the death.
? s31 applies but during accumulation period it is amended in 2 ways o The right to income at 18 is removed; instead, T's have discretion until each B's interest is vested o T's have absolute discretion to apply the income from each child's contingent share of the capital for the benefit of any one of the B's [who is yet to attain a vested interest in capital]
First GC turns 25 31 July 2019 (so the class closes at that point)
? There are 3 other GC in the class; X (9) Y (7) and Z(1)
1. HOW WILL THE ACCUMULATION PERIOD END?
21 years after creation - December 2030
2. HOW OLD WILL EACH BENEFICIARY BE AT THE END OF THE ACC PERIOD?
Dec 2030; X will be 21, Y will be 19 and Z will be 13
3. WHEN THE T'S CAN NO LONGER ACC, WHAT WILL THEY DO WITH THE INCOME? AND WHAT CHOICES DO THEY HAVE?
When T's can no longer accumulate income, they will have to pay it out. The power to switch income between B's is limited to the accumulation period, so after the accumulation period ends...
- s31 TA 1925 will apply and EACH B WILL HAVE A RIGHT TO THE INCOME FROM THEIR RESPECTIVE SHARE.
4. IF THE T'S TAKE NO SPECIAL STEPS, FOR HOW LONG WILL THEY BE ABLE TO ACCUMULATE INCOME FOR Z?
S31 applies to the settlement so the T's have an extra power to accumulate income for Z... After the Acc period ends they can accumulate his share of the income while he is under 19. This means that they can accumulate his income from the end of the Acc period in Dec 2030 until his 18 th birthday (Nov 2035)
5. IF THE INCOME OF THE SETTLEMENT IS LARGE AND THE B' HAVE NO NEED OF INCOME, THE T'S MAY DECIDE THAT THEY PREFER TO ACCUMULATE IT...
> ARE THERE ANY INCOME TAX REASONS FOR THE T'S TO CONSIDER EXERCISING THEIR POWER TO GIVE THE B'S INCOME?
T's should consider exercising their power to give B's income BECAUSE: (its tax efficient!)
? Income which is accumulated is liable to the trust rate of income tax (37.5% on dividends and 45% on all other income in excess of the basic rate; PS1000) B's can only recover income tax on income applied for THEIR benefit. The B's are likely to be basic rate or non-tax payer (given that they are young) so there will be an advantage to paying out income rather than accumulating it. - They could put it into a bank account or something...
? Of course, T's can CHOOSE to pay out income without giving B's a right to it. However, if they decide to pay it out, there may be advantages to giving B's a right to it...
Right to Income
? If T's give the B's a right to the income (which they can do on a revocable basis, thus reserving the flexibility to alter entitlement) the T's will be liable only for basic rate tax and, if receiving dividends or interest will have no further liability, (lessening the administrative burden on the trust)
? The B will be treated as receiving dividends and interest; if the B is a basic rate tax payer the B will have no further tax liability.
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