Gifts with reservation

Article Abstract:

The Finance Act of 1986 provides tax rules for gifts or property disposals in which the recipient does not assume the title to the gifted item or does not enjoy the benefits of the gift to the exclusion of the donor. Such partial property disposals are referred to in the British law as "gifts with reservation." Under British law, gifts made seven years prior to the death of the donor are not subject to inheritance taxes; however, the new law applies inheritance taxes to gifts with reservation, such as the gifting of land without allowing the donee to reside upon the land. Exemptions to the taxation of gifts with reservation are identified, and tax rules are discussed in relation to: inheritance trusts; property substitutions and accretions, as opposed to gifting; situations in which the donee dies before the donor; gifting of settled property; and gifting of property with benefit exclusions.

Laws, regulations and rules, Real property tax, Real property taxes, Gift tax

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Trusts

Article Abstract:

The British Inheritance Tax was introduced after the 1986 budget created a distinction between property held by an individual and property held by a trust. In 1987, the Chancellor of the Exchequer proposed tax exemptions for trusts, much to the relief of estate planners and accountants. New budget proposals for inheritance taxes are discussed, including provisions for transfers into and out of trusts, discretionary trusts, and accumulation and maintenance trusts.

Accounting and auditing, Accounting, Value-added tax, Tax policy, Trusts and trustees, Trustees, Trusts (Law)

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Extracting a thorn in the side

Article Abstract:

As of July 25, 1986 when the British Finance Act of 1986 was passed, capital transfer tax was renamed inheritance tax. According to the new tax law, when a property gift is made to another individual, it is exempt from tax, provided the donor survives seven years from the date of the gift; if not, the gift is taxable at a reduced rate. The introduction of gifts subject to reservation and potentially exempt transfers are reminiscent of the estate duty system.

Analysis, Interpretation and construction, Taxation, Tax law, Scotland

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