Para 438 in the decision of MezhProm Bank v Pugachev refers to a phenomenon in patent law known as the Angora cat problem first identified by Professor Franzosi, an eminent academic expert in the field: “Professor Mario Franzosi likens a patentee to an Angora cat. When validity is challenged, the patentee says his patent is … Continue reading
Draft interpretation statement PUB00261: Income tax – taxation of trusts has been released for consultation. PUB00261 summarises the tax law as it applies to trusts and when finalised it will replace the Commissioner’s original statement on the trust rules in the “Explanation of Taxation of Trusts” in the Appendix to Tax Information Bulletin Vol 1, … Continue reading
Corporate trustees are a common feature of modern trading trusts. The basic rationale is that the use of a company means that any liability that would otherwise accrue – say to a natural person trustee – accrues instead to the company and provided the directors do not breach the duties owed under the Companies Act … Continue reading
When settling a trust it can be useful to consider what happens next. In this regard the settlement of a trust can be likened to that moment in the pet shop where this adorable puppy all paws and nose and licky tongue and waggy tail and soulful eyes uses its artillery of cuteness to attack … Continue reading
The taxation of trusts is a dynamic and ever-changing landscape. The third edition of Taxation of Trusts published this week (September 2016) has been up-dated to incorporate recent case law developments and legislative amendments. The text also considers the application of FATCA to trusts and proposed new reforms to the disclosure rules and closely … Continue reading
A bare trust is a trust where the trustee’s only duties are to hold the trust property, take reasonable care of it; and transfer the property to or as directed by the trust’s beneficiary. The duties of a bare trustee are passive (unlike the “normal” position where trustees have positive duties to manage and exercise their … Continue reading
QB 15/11: Income tax – Scenarios on tax avoidance – 2015 gives examples where trustees of a discretionary trust take into account the tax position of the beneficiaries when making decisions about distributions of beneficiary income; and finds that this is not tax avoidance. However, there are some important caveats, and the question to consider when any … Continue reading
Professor Frances Moran has been attributed with lecturing her mainly male equity students at King’s Inns that “There are three roads to ruin in life, wine, women and becoming a trustee. The first two are at least enjoyable.” Not wishing to enter into a debate of the relative strengths of either sex to mislead and … Continue reading
Inland Revenue has issued a QWBA (QB 15/11) regarding whether a trustee exercising a discretion to distribute trustee income (that would be taxed at the trustee rate of 33% if retained by the trustee) to a beneficiary on a lower tax rate, a beneficiary with tax losses or a beneficiary to whom the income will … Continue reading
While in the context of trusts it is common to talk of the three certainties, in life it is often said that the only certainties are death and taxes. The decision in The Foundation For Anti-Aging Research & Anor puts a new spin on this adage. This case relates to two failed applications for registration … Continue reading
