Can a 12 year old own a house, in Trust to keep tax bill?

Can a 12 year old own a house, in Trust to keep tax bill?

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softtop

Original Poster:

3,071 posts

253 months

Monday 17th January 2011
quotequote all
The big question is, what opportunities exist for paying little or no tax on the rental?

The situation is a non married partner dies leaving a house and two young children of her own. The other partner is now looking after these children in his home. The will stated that the house be left in Trust for the children until they are 21 and the rental from the property be used to help fund the upbringing of the two children (down from two wage earners to one and of course the need now for extra child care)

Under normal rules tax is to be paid on the profits, which are reasonable, since when you die your mortgage gets paid off.

remortgage and put the money into shares?

Eric Mc

122,690 posts

271 months

Monday 17th January 2011
quotequote all
The Trust owns the house and the trust will pay income tax on the rental profits. The trust will be required to submit an annual Self Assessment tax return showing the trust income (rental profits, interest received etc).

If the trust invests some of its rental profits into stocks and shares, the trust will be subject to tax on dividend income received - although the taxation of dividends can be quite complicated.


softtop

Original Poster:

3,071 posts

253 months

Monday 17th January 2011
quotequote all
Eric Mc said:
The Trust owns the house and the trust will pay income tax on the rental profits. The trust will be required to submit an annual Self Assessment tax return showing the trust income (rental profits, interest received etc).

If the trust invests some of its rental profits into stocks and shares, the trust will be subject to tax on dividend income received - although the taxation of dividends can be quite complicated.
Thanks Eric. Since this is the only income of the trust will it get a 'personal allowance' or will it pay at the standard 20% tax rate or something else?

S

Eric Mc

122,690 posts

271 months

Monday 17th January 2011
quotequote all
Trusts don't get the Personal Tax Allowance.

Children pay tax in exactly the same way adults do i.e. they generally do not get any tax breaks just because they are under a certain age. Obviously, every child has their annual Personal Tax Allowance (£6,475) which, by and large, most children never get to make use of to any degree as they do not have their own separate sources of income.

The taxation of trusts can be very complex. Here's a brief overview -

http://www.higgisons.co.uk/trusttaxation.html

softtop

Original Poster:

3,071 posts

253 months

Monday 17th January 2011
quotequote all
Thanks for the responses, it appears that the devil will be in the detail of the will.

Sour Kraut

45,899 posts

195 months

Monday 17th January 2011
quotequote all
Is the rental income so much that there's money to spare to invest after tax and paying for the upbringing and care of the children?

anonymous-user

60 months

Monday 17th January 2011
quotequote all
the trust, in this case, could be a good thing or a bad thing - depends on how its set up and administered

usually in such cases it pays to do some research and then seek professional advice (from someone that knows properly about trusts)


softtop

Original Poster:

3,071 posts

253 months

Monday 17th January 2011
quotequote all
Sour Kraut said:
Is the rental income so much that there's money to spare to invest after tax and paying for the upbringing and care of the children?
No, paying tax halves the available money so just enough.

Eric Mc

122,690 posts

271 months

Monday 17th January 2011
quotequote all
What - tax at 50%?

softtop

Original Poster:

3,071 posts

253 months

Monday 17th January 2011
quotequote all
in sales we round things up or down to make the sums easier to do smile

Eric Mc

122,690 posts

271 months

Monday 17th January 2011
quotequote all
But trust tax is at 20%?

Sour Kraut

45,899 posts

195 months

Monday 17th January 2011
quotequote all
Eric Mc said:
What - tax at 50%?
nono

20% tax and 30% 'legitimate trustee expenses' wink

softtop

Original Poster:

3,071 posts

253 months

Monday 17th January 2011
quotequote all
Eric Mc said:
But trust tax is at 20%?
It all depends as said earlier as to the type of trust. If it is classed as income then this will all end up in the 40% bracket. If this is children's pocket money then their allowances will make it tax free.

I will send you details over to the person concerned and see what happens. Thanks for your advice to date.
S

ukshooter

501 posts

218 months

Tuesday 18th January 2011
quotequote all
Guys, as has already been said, talk to a trust specialist. Trusts are subject to income tax at up to 50% from April 2011(except for an allowance on the first £1,000)dependent on the exact nature of the trust.

However, if the income is distributed to a beneficiary and the beneficiary is not a 50% tax payer, they will be able to claim the tax back. Trusts are also liable to Capital Gains Tax but they do have a CGT allowance which is half the personal rate (unless the settlor set up more than one trust, in which case the allowance gets divided between the trusts subject to a minimum allowance per trust of a small amount I can't recall offhand circa £860-900).

ringram

14,700 posts

254 months

Wednesday 19th January 2011
quotequote all
Im sure all this doesn't apply to offshore trusts does it!?
In which case who in their right mind would set up an onshore trust?

No doubt the devil is in the details...

Eric Mc

122,690 posts

271 months

Wednesday 19th January 2011
quotequote all
ringram said:
Im sure all this doesn't apply to offshore trusts does it!?
In which case who in their right mind would set up an onshore trust?

No doubt the devil is in the details...
Those who don't like tax investigation smile

ukshooter

501 posts

218 months

Thursday 20th January 2011
quotequote all
Offshore trusts CAN have as many potential tax consequences as onshore trusts when any of the Settlor/Trustees/Beneficiaries are UK resident.

Sometimes, bar room advice is not good enough and you need to get the services of a good accountant/lawyer/financial adviser and sometimes you can get away with bar room advice. Trusts are not one of those instances. Find someone with experience and talk to them.

Edited by ukshooter on Thursday 20th January 13:04