header-logo header-logo

15 April 2010 / Paola Fudakowska , Adam Cloherty , Paul Hewitt
Issue: 7413 / Categories: Features , Wills & Probate
printer mail-detail

Discretionary matters

Paul Hewitt, Paola Fudakowska & Adam Cloherty report from the courts

In Futter and Cutbill v Futter and HMRC [2010] EWHC 449 (Ch)
Mr Futter set up the No 3 and the No 5 Settlements of which he was entitled to the income for life. It was intended to bring both settlements onshore after 5 April 2008 which would trigger a 28.8% capital gains tax (CGT) liability. He was advised that the CGT liability on termination of the No 3 Settlement could be avoided if sufficient losses on his personal portfolio were generated and offset against the maximum “stockpiled gains” in the trust that would be attributed to him on distribution of the trust fund to him.

Section 87 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) applies to settlements where the trustees are not resident or ordinarily resident in the UK. TCGA 1992, s 87(2) says that there shall be computed in respect of every year of assessment the amount on which the trustees would have been chargeable to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll