Advice to Trustees
We advise and assist all types of trustee on English trust and tax law matters arising in relation to operation and restructuring of trusts, particularly employees' trusts.
Examples of ways in which we have been of assistance to trustees and trustee administrators include:
UK tax and legal audit
Undertaking a “UK tax and legal audit” of trust structures established by close companies and which are the subject of challenges by the UK HMRC to establish the extent (if any) of the trustees’ exposure to liability, both as provider of trust administration services and in its capacity as trustee.
This covers in particular the review of employee benefit trusts in relation to possible EBT Settlements (see EBT Settlements and in relation to the withdrawal next year of the EBT Settlement Opportunity our recent news Item).
Providing legal opinions on issues of UK trust and/or tax law arising in relation to a settlement. For example: on whether new employees of a business acquired by a subsidiary are within the class of beneficiaries after the original business was sold; whether, following the interposition of a new holding company the original settler company can be liquidated and what are the consequences; issues of the proper interpretation and application of the trust deed; whether the trust is properly considered to be a “s86 trust”; the proper application of the trust fund; whether it is proper for the trustees to act upon particular recommendations of the settler company; the proper scope and application of the trustees’ indemnities.
Reviewing documentation proposed to be executed by the trustees in relation to the operation of an employees' share scheme using shares held in the trust.
Advising the trustees for UK tax purposes on the proper valuation of shares and other securities held in, or proposed to be acquired by, the trustees.
Advising on all issues arising in relation to the administration, by UK trustees, of an HMRC approved Share Incentive Plan (SIP) and the relevant tax and reporting requirements.
Advising on claims against the trustees for maladministration or breach of trust.
With our experience and ability to respond efficiently and cost-effectively, we are well placed to meet your requirements for day-to-day support and assistance in the provision of your services to clients.