My wife and I set up a discretionary trust of £50,000 for 3 grandchildren. My wife and I and my son are the trustees. The trust was set up in January 2001 and the money has been in a Building Society account. Each year the interest has been distributed to the grandchildren, the trust tax paid and reclaimed by the grandchildren who are non tax payers. We now wish to wind down this trust, and are looking at the most tax efficient way in doing this. As the 3 grandchildren are minors and non tax payers. Is it possible to pay the capital sum to them? Would the trust have any liability, and would the grandchildren have any tax liability?
System of Law: England-and-Wales
Nothing so far
Thanks for your question. Please RATE my answer when you are satisfied by clicking on 3 STARS *** or ABOVE.Please kindly only RATE my answer when you are satisfied. If you rate my answer as less than 3 stars this is recorded as negative feedback. If you decide to click less than 3 stars please stop and reply to me first by clicking on REPLY or CONTINUE CONVERSATION. It is important to me that you are satisfied with the service you receive from me. Who are the potential beneficiaries defined under the trust please? Are they just the grandchildren or are there other potential beneficiaires too?Josh-201041078.8945311343
Only the 3 grandchildren and no one else
Thanks. You will need to look at the trust deed to ascertain whether there is a parental receipt clause. This is a provision that provides that the trustees may pay income and/or capital to the parent or guardian of a minor. If there is such a clause then you can make a distribution of the capital and income to the grand childrens'' parents or guardians.If there is no such clause then to do so would be a technical breach of trust and as trustees you could potentially expose yourself to a claim by the grandchildren if their parents for example spent the cash. In these circumstances you should consider obtaining a full indemnity from the parents. Consider further that any indemnity is only as good as the person who gives it so there is still a potential risk to you as trustees in making a distribution with out a parental receipt clause. Subject as above you can make a payment of the capital and income out if that is your wish. You should consider having a deed of appointment prepared by a solicitor to record the payment and winding up of the trust. You will also need to notify HMRC of the winding up of the trust in order that no further tax returns are requested or required. Is there anything else I can help you with or clarify above? If you have no further questions for now I should be very grateful if you would kindly remember to RATE my answer with 3 STARS *** or above as appropriate. Your feedback is important to me. If you intend to click less than 3 STARS please reply back to me so I can help with any further questions of clarifications first. Kind regards
Is there any tax to be paid on winding up the trust by either the trustees or beneficiaries?
Hi, I am waiting for a reply.
If the trust is wound up and capital paid to the beneficiaries, do the trustees or beneficiaries have to pay any tax?
There is tax payable by a trust. However if you have been exercising a power to appoint out income to the beneficiaries who obviously pay no tax as minors there should be no tax to pay based on these figures other than any penalties if for example you have missed any deadlines for filing returns. When you notify HMRC that you intend to wind up the trust they will send you a final tax return to complete. Consider retaining an accountant to submit this for you if you are not familiar with submitting trust tax returns before you distribute monies to ensure that there is nothing further owing so you do not find yourselves as trustees liable for any monies after you have distributed the trust assets.
Relist: Incomplete answer.I need details, and although I have asked the question about tax liability twice,in answer to the expert I am getting no answer. If you are unable to answer my question fully and give me all the required information, please cancel and refund my money.
The trust has £50,000. If it is wound up and the capital paid to the beneficiaries, and they receive £20,000, £15,000 and £15,000 each, would the beneficiaries have to pay any tax?
Please answer this. If the beneficiaries have to pay tax, what is the best way around this.
It is getting late and I am tired. If I have more questions can I ask them tomorrow when I wake up?
I have been attending to trust income payments to the beneficiaries. The question is relating to the distribution of the trust CAPITAL, and what the tax implications are
I believed I have answer this point above however I am sorry if the above is not clear.A discretionary trust is liable to pay tax on its income however if as you say you have been exercising a right to appoint out income to beneficiaries the trustees can elect that the beneficiaries pay tax on the income themselves at their own rate rather than the trust rate. In this case that will mean that the beneficiaries pay no tax in practice in the very likely assumption that they have no other income. Provided you have not set up other discretionary trusts there is no tax charged as an exit charge on the capital monies appointed out of the trust to the beneficiariesJosh-201041078.9386011574
Please confirm that if the trust is wound up and the capital distributed to the 3 beneficiaries, neither the trustees or beneficiaries would have to pay any tax on the capital distribution.
This is I hope my final question. Thank you for your patience.
I will rate your answer as soon as I receive your reply.
Certainly. Based on the figure you have given me and on the basis that you have not set up other discretionary trusts there should be no exit charge. In other words there should be no tax to pay on the capital distributions themselves.On the basis that you have been appointing out income to non tax paying beneficiaries as you say there should be no income tax to pay on the income the trust has been receiving.
LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England