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Posted Mon, 08 Jul 2024 18:42:09 GMT by Cullingworth
For 12 years now I have been acting Lead Trustee for a family trust of my late mother's home (other trustees are my wife and son). The property is rented out. The Trust pays the tax at trust rate via SA900. Up to now it is I who personally receives the income which I declare to HMRC and seek a refund via R40 on my personal tax. Until recently I was a 20% basic rate tax payer like my other trustees. However, I have now recently become a 40% tax payer. Given this situation, is it possible / allowable for my wife who is my fellow trustee and 20% tax payer to receive the income from the trust from now on and not myself and for her to seek a refund via R40 instead of me on her personal tax?
Posted Wed, 10 Jul 2024 07:12:46 GMT by HMRC Admin 17 Response

Hi,
 
Thank you for your question.

This is not a question for this forum as it is more to do with changing the terms of the Trust.

You may need to do a Deed of Variation, 

: www.gov.uk/hmrc-internal-manuals/trusts-settlements-and-estates-manual/tsem1815 refers  .

For more guidance you can contact our Trust department on 0300 123 1072, Monday to Friday 9am to 5pm .

Thank you .

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