
Duke of Westminster £9bn Inheritance Trust Disquiet.
Many are calling for a change to trust laws and taxation following the passing of the Duke of Westminster and the reported wealth of £9bn held inside discretionary trusts meaning that no 40% inheritance tax bill is payable.
What is a Discretionary Trust?
Comment
We disagree with calls to change the law. Discretionary trusts are taxable immediately when total money gifted in the last 7 years including gifts to the trust exceeds the inheritance tax nil rate of £325,000. These are known as Chargeable Lifetime Transfers and taxed immediately at 20%. In addition, a periodic charge of 6% of the value of the trust is payable every 10 years. Therefore, over the maximum lifetime of a discretionary trust of 125 years, that could be 11 payments of 6% of the trust value. This is much more than 40%.
Interestingly, no calls are being made by politicians to remove the fact that gifts to political parties are immediately free of inheritance tax.