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Home / Simons-Taxes /IHT, trusts and estates /Part I3 Lifetime transfers /Division I3.7 Pre-owned assets tax (POAT) /POAT—existing arrangements / I3.754 POAT—home loan or 'double trust' schemes
Commentary

I3.754 POAT—home loan or 'double trust' schemes

IHT, trusts and estates

Typical 'double trust' (or 'home loan') arrangements relied upon the creation of a debt which was given to the donee and was deductible against the value of the property in the donor's estate. One of the more straightforward types of scheme is referred to in the narrative on the relief for a double charge to IHT at I3.746 but there were many variations of the scheme.

In its most basic form, a typical scheme involved the donor selling the property to the trustees of a settlement under which they had a qualifying interest in possession, the consideration being left outstanding by way of loan (interest free and typically repayable only at a future date such as the donor's death) charged on the property. The donor then gave the benefit of the loan away to the trustees of a second trust under which the beneficiaries included the intended donees but from which the donee was excluded. The result intended was that:

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    •ÌýÌýÌýÌý the donor made a potentially exempt transfer of an amount equivalent in value to the

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Web page updated on 17 Mar 2025 17:10