DT applications and claims: Non-resident beneficiaries of UK trusts
Relief on discretionary payments made by UK resident trustees where no relief is available under an ‘other income’ article
The gross amount of a discretionary payment to a beneficiary is an annual payment (TSEM3755). Where a treaty contains no provision to relieve an annual payment made by trustees, there is no statutory entitlement to relief.
However, HM Revenue & Customs operates an Extra Statutory Concession, ESC/B18, to enable relief to be considered by reference to the treaty provisions applying to the underlying sources of trust income.