In the UK, there are several types of trusts that you can set up to manage and protect your assets.
Here are some of the main types:
- Bare Trust: Also known as a simple trust, it gives the beneficiary absolute entitlement to the trust's assets. The trustee holds the assets on behalf of the beneficiary but has no control or discretion over them.
- Discretionary Trust: In this type of trust, the trustees have the power to decide how the trust's income and capital should be distributed among a group of beneficiaries. They have discretion to determine the amounts and timing of distributions.
- Interest in Possession Trust: This trust gives one or more beneficiaries the right to receive the income generated by the trust assets, known as the "interest in possession." The trustees are required to distribute the income to the beneficiaries according to specific terms outlined in the trust.
- Accumulation Trust: With an accumulation trust, the trustees have the discretion to accumulate the income generated by the trust instead of distributing it to the beneficiaries. The accumulated income is added to the trust's capital.
- Charitable Trust: This type of trust is established for charitable purposes. It aims to benefit the public or a specific charitable cause. The trustees have a duty to fulfill the charitable objectives outlined in the trust deed.
- Special Needs Trust: This trust is designed to provide for individuals with special needs or disabilities. It ensures that the beneficiary's financial needs are met while protecting their eligibility for certain means-tested benefits.
- Life Interest Trust: This trust grants a beneficiary the right to use or benefit from the trust assets during their lifetime. After their death, the assets typically pass to other beneficiaries specified in the trust.
These are just a few examples of the different types of trusts you can set up in the UK. Each trust has its own purpose and features, so it's essential to consult with a legal professional or financial advisor to determine the most suitable trust structure for your specific needs and goals.
The tax implications of trusts in the UK can be complex and depend on various factors, including the type of trust, the assets held within the trust, and the beneficiaries involved. Here are some general considerations regarding tax implications:
- Income Tax: Trusts are subject to income tax on any income they generate. The tax rates applicable to trusts can be higher than those for individuals. The type of trust and the distribution of income to beneficiaries can impact the tax treatment.
- Capital Gains Tax (CGT): Trusts may be liable for CGT when they sell or transfer assets that have increased in value. There is an annual exemption for CGT, and the tax rate depends on the type of trust and the beneficiary receiving the proceeds.
- Inheritance Tax (IHT): Trusts can have implications for IHT, which is a tax on the transfer of assets upon death. Assets transferred into certain types of trusts may be subject to immediate IHT charges or periodic charges during the trust's existence. However, some trusts, such as charitable trusts, may offer IHT advantages.
- Stamp Duty Land Tax (SDLT): SDLT may be applicable when property or land is transferred into or out of a trust, depending on the circumstances. The rates and exemptions for SDLT can vary.
- Trust Administration Tax: Trustees may be required to complete and submit tax returns for the trust, including Self-Assessment tax returns. Compliance with these obligations is essential to ensure the correct taxation of trust income and gains.
- Personal Taxation of Beneficiaries: Beneficiaries of trusts may have personal tax implications when they receive distributions from the trust. The tax treatment depends on the nature of the distribution and the tax status of the beneficiary.
It's important to note that tax legislation and regulations can change, and the information provided here is based on the knowledge available up to September 2021. To ensure accurate and up-to-date information specific to your circumstances, it is recommended to consult with a qualified tax advisor or accountant who specializes in trust taxation in the UK.