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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.6 Other favoured trusts /Employee trusts / I5.631 Employee trusts—tax implications
Commentary

I5.631 Employee trusts—tax implications

IHT, trusts and estates

Where a trust satisfies the conditions detailed in I5.630:

  1. Ìý

    •ÌýÌýÌýÌý The settled property is treated as comprised in one settlement1.

  2. Ìý

    This is convenient because otherwise each contributor to a trust would be regarded as a separate settlor of a separate settlement. If the settled property ceases to satisfy the requirements of IHTA 1986, s 86, for example, by remainder trusts coming into effect for the benefit of persons other than those mentioned in IHTA 1986, s 86(1) this provision will, apparently, no longer apply

  3. Ìý

    •ÌýÌýÌýÌý Where settled property to which the employee trust conditions apply ceases to be comprised in a settlement and, either immediately or not more than one month later, the whole of it becomes comprised in another settlement, then, if the employee trust conditions again apply to it when it becomes comprised in the second settlement, it shall be treated for all the purposes of IHTA 1984 as if it had remained comprised in the first settlement2.

  4. Ìý

    This overcomes the problem caused by the perpetuity

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