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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.11 Income tax and CGT for settlors /Income tax and heritage properties / I5.1155 Income tax and heritage property generally
Commentary

I5.1155 Income tax and heritage property generally

IHT, trusts and estates

I5.1155 Income tax and heritage property generally

HMRC may give a direction that inheritance tax is not chargeable on a transfer of value into a fund set up for the maintenance of qualifying property1 — see Divisions I7.5.

Without special provisions:

  1. Ìý

    (a)ÌýÌýÌýÌý the income of such a settlement might be treated as the income of the settlor2 — see I5.1125, I5.1130, and

  2. Ìý

    (b)ÌýÌýÌýÌý funds expended on maintenance of the property might be treated as income of the owner or occupier or as capital sums paid for the benefit of the settlor3 — see I5.1135–I5.1140

It is therefore provided that, for any year, the trustees of such a fund (but not the settlor) may elect that the income of the fund or the expenditure on maintenance

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