Periodical payments: tax exemption: payments from trusts for injured persons
Sometimes the injured person is not capable of handling his or her own affairs and theperiodical payments of damages for personal injury are paid into a trust for the benefitof the injured person, rather than to the injured person directly.
The tax legislation recognises this and exempts the injured person from tax on anypayments received by him or her from the trustees so long as:
- the payments received from the trustees are made out of periodical payments received by the trust under a court order, agreement or Motor Insurers Bureau undertaking as described in IPTM5020, and
- the trust is one under which the injured person is the sole beneficiary whilst he or she is alive.
It also exempts from tax any persons, such as guardians, who receive payments from thetrust on behalf of the injured person.
It is not necessary for the payments from the trust to the injured person to be periodicalpayments, simply that they are made out of periodical payments of damages received by thetrust.
Any payments to the injured person out of trust funds that arose from some source otherthan the periodical payments are not covered by this tax exemption and normal rules aboutpayments from trusts would apply to such payments.
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