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The trust must pay taxes on any interest income it holds and does not distribute past year-end. The interest income the trust distributes is taxable for the beneficiary who receives it. The amount distributed to the beneficiary is considered to be from the current-year income first, then from the accumulated principal.
A Discretionary Trust is not exempt from IHT, so there may be an IHT liability on the testators death, depending on the value of the estate. The trust assets will not be treated as belonging to any of the beneficiaries for IHT purposes. There will be a potential charge to IHT on the trust fund every ten years.
The drawbacks of discretionary trusts Because trustees of a discretionary trust can choose which beneficiaries receive the trust assets, it is possible for them to decide that one or more beneficiaries should receive nothing.
Discretionary trusts can be a tax-efficient solution when passing on wealth to your beneficiaries, ensuring that: Theyre not left with a large inheritance tax bill. Their entitlement to state support or benefit isnt affected by their inheritance, for example disability support or help with care home fees.
Discretionary trusts disadvantages Complexity. Setting up and maintaining a solid discretionary trust structure can be complicated. Potential loss. Only profits are distributed losses remain as such. Trust.
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The drawbacks of discretionary trusts Because trustees of a discretionary trust can choose which beneficiaries receive the trust assets, it is possible for them to decide that one or more beneficiaries should receive nothing.
A Discretionary Trust does what it says on the tin; in that, it gives greater power or discretion to trustees. They decide how and when to give any capital or income set aside in the trust to the beneficiaries. This arrangement offers a high degree of flexibility and protection at the same time.
A simple trust must distribute all of its trust accounting income (or FAI) annually, either under the terms of the document or under state law. A complex trust doesnt have to distribute all of its income or make principal distributions.
A non-discretionary trust, also known as a fixed interest trust, is a trust in which the trustee, having no decision-making powers in how the distributions are to be made to the beneficiary(ies), must follow the terms of distribution set out in the trust instrument.
A discretionary trust gives trustees the power to decide how much beneficiaries get from a trust and when they get it. All capital and income is distributed completely at their discretion. This means theres more flexibility and assets can be protected if circumstances change for any reason.

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