Taxation U.K. Law

Trust Taxation and Estate Planning, 5th Edition

Edited by Emma Chamberlain · Chris Whitehouse
Sweet & Maxwell U.K. April 2024

Specifications

ISBN-13
9780414059900
Publisher
Sweet & Maxwell U.K.
Publication
April 2024
Format
Paperback
Jurisdiction
Commonwealth, U.K. ? Countri(es) for reference only

Details

This essential text examines the taxation of trusts and is accessible to specialists and non-specialists. There have been many updates in this area of the law since the 4th edition published in 2014 and the 2nd supplement in 2017.
Key features of this new edition:
  • Covers all recent case law developments including reservation of benefit, business and agricultural property relief, employee benefits trusts and mistakes
  • All chapters on domicile and offshore trusts have been completely rewritten following the 2017 developments
  • Contains new chapters on the taxation of residential and commercial property to take account of all the major IHT and CGT legislation taxing non-residents from 2017 and 2019
  • Updates the compliance and disclosure chapters in the light of common reporting and requirement to correct
  • Updates to all the income tax chapters on trusts
  • A new chapter on EU considerations for private clients

Table of Contents

Part I - General
  • 1. The Trust 
  • 2. Foreign Entities and Trusts
  • 3. EU Considerations for Private Clients
Part II - Residence and Domicile Issues for Individuals
  • 4. Residence Status of Individuals Before April 6th 2013
  • 5. Residence Status of Individuals from April 6th 2013
  • 6. Domicile, Deemed Domicile and Domicile by Election
  • 7. Residence of Trustees, Personal Representatives and Companies
  • 8. Taxation of Non-residents and Foreign Domiciliaries
Part III - Income Tax
  • 9. Non-Settlor-Interested Trusts
  • 10. Settlor-Interested Trusts—Income Tax
  • 11. Non-Resident Trusts—The Foreign Dimension
Part IV - Capital Gains Tax
  • 12. Definitions
  • 13. Creation of a Settlement
  • 14. Actual Disposals
  • 15. Deemed Disposals of Trustees
  • 16. UK Resident Settlor-Interested Trusts
  • 17. Roll-Over Relief
  • 18. Entrepreneurs' Relief
  • 19. Incorporation Relief
  • 20. Enterprise Investment Scheme Relief and Seed Enterprise Investment Scheme Relief
  • 21. Share Sales, Deferred Consideration, Company Buy-backs and Priority of Reliefs
  • 22. Hold-Over Relief
  • 23. Non-resident Trusts Set up by UK Resident and Domiciled Settlors—the Settlor Charge under s.86
  • 24. Non-resident Trusts Set Up by Non-UK Resident, Dead o Foreign Domiciled Settlors: The Beneficiary Charge under s.87
  • 25. Offshore Income Gains
  • 26. The Disposal of a Beneficial Interest
  • 27. Loss Relief
Part V - Inheritance Tax
  • 28. Inheritance Tax, Reservation of Benefit and Pre-owned Assets Income Tax—An Introduction
  • 29. The 2006 IHT Rules—an Overview
  • 30. IHT Definitions and Classifications
  • 31. Creation of Settlements
  • 32. The Tax Treatment of Qualifying and Non-Qualifying Interests in Possession and Reversionary Interests Including Valuation Issues, Leases and Reliefs
  • 33. Purchases of Trust Interests
  • 34. Melville Schemes
  • 35. When IHT is Charged on Qualifying Interest in Possession Trusts (including Transitional Relief)
  • 36. Immediate Post-Death Interests and Interests in Possession Held by Companies
  • 37. Taxation of Relevant Property Settlements
  • 38. Accumulation and Maintenance (A&M) Trusts
  • 39. Excluded Property, Foreign Inheritance Tax Issues and Non-Domiciliaries
  • 40. Liabilities
  • 41. Reservation of Benefit and Settled Property
  • 42. Pre-Owned Assets Income Tax Regime
Part VI - Specialist Topics
  • 43. Trusts for Minors and Bereaved 
  • 44. Trusts for Vulnerable and Disabled Beneficiaries
  • 45. Reverter to Settlor Trusts
  • 46. Tax Efficient Will Drafting
  • 47. Deeds of Variation, Disclaimers and other Post-Death Rearrangements
  • 48. Tax Issues for Personal Representatives
  • 49. Pilot Trusts
  • 50. Bare Trusts
  • 51. Tax, Trusts and Divorce
Part VII - Houses, Chattels and Tax Planning Generally
  • 52. General Consider
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