How to avoid a trust tax trap
You have been looking after a trust for your children for years, but now is the time to wind it up (distribute assets/money to beneficiaries). How can you make this the most tax efficient it can be?
Most trusts must be assessed for IHT (inheritance tax) every 10 years. IHT is payable on the value of trust funds if they exceed £325,000 for 2023/24 (this is the nil rate band). You can’t avoid this 10-year charge by winding up the trust before the 10 years because it accrues every three months (quarter) so there will always be a proportionate charge for each quarter (assuming the funds exceed the nil rate band) since the last tax charge (this is called an exit charge). If you wind up a trust within the three months after a ten-year charge, there’s no exit charge BUT it leads to a capital gains tax (CGT) trap!
CGT applies to assets such as shares, units and property which are passed from trusts to beneficiaries. When you wind up a trust, the transfer of assets is counted as if the assets had been sold for their market value (MV). If the trust acquired the assets for less than the MV, the difference is taxable. When CGT is calculated, trusts can knock their CGT exemption (£3,000 for 2023/24 and £1,500 for 2024/25) off the gains to reduce the amount on which tax is payable.
CGT can be deferred if the trustees and beneficiaries make a “holdover election”. This means that the gain only becomes taxable when the beneficiaries sell/transfer the property.
A “holdover election” is only allowed if the transfer of assets is chargeable to inheritance tax (there doesn’t have to be inheritance tax payable- this happens if the transfer value is below the nil rate band). In addition, it isn’t allowed if the assets are transferred from a trust within three months of an inheritance tax 10-year charge (because the transfer isn’t chargeable to inheritance tax!). To avoid this, just make sure that you allow three months from the 10-year charge to elapse before making any transfer!
If you want to talk things through with one of the team, just give us a call on 01622 738165 and we can help you today!




