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HMRC internal manual

Trusts, Settlements and Estates Manual

Non-resident trusts: trustees’ chargeability: Income Tax - trust management expenses-apportionment to untaxed income

If the trustees of an accumulation/discretionary trust are not resident in the UK, trust management expenses are apportioned to arrive at those expenses which are met out of untaxed (foreign source) income of the trustees and taxed (UK source) income in accordance with ITA/S487. It should also be noted that if the Income Tax charge on the income arising to the trustees is limited by virtue of ITA/S811 (see TSEM10220) then the untaxed income also includes the income arising which is treated as disregarded income.

The balance of the trust management expenses is set against income chargeable at the special rates of tax, in the order detailed at TSEM8250.


Non-resident trust which is within ITA/S479.

Trust income for year 2013-14:

UK Bank Interest = £20,000. Income Tax deducted = £4,000

UK Property Income = £10,000. Income Tax paid = £2,000

Foreign Bank Interest = £1,000. Income Tax= NIL

Allowable trust management expenses = £5,000

The beneficiaries (income and capital) include at least one who is resident in the UK for the year 2013-14. Consequently, none of the UK income is ‘disregarded income’ (TSEM10215).

Income Tax due:

Income chargeable at the standard rate band (TSEM10240) -

UK Bank Interest = £1,000

Income chargeable at the special trust rate -

UK Bank Interest = £19,000 (£20,000 - £1,000)

UK Property Income = £10,000

Total = £29,000

Less trust management expenses* -6,049

Chargeable at special trust rate = £22,951

  • Trust management expenses are set against income to arrive at the amount chargeable to Income Tax at the special trust rate.

The expenses are reduced by the proportion of income arising to trustees which is untaxed foreign income (ITA/S487(2)) -

UK Bank Interest = £20,000

UK Property Income = £10,000

Foreign Bank Interest = £1,000 (Untaxed)

Total income = £31,000

*Expenses relating to foreign bank interest:

(£1,000 x £5,000) ÷ £31,000 = £161

Expenses allowed in arriving at income chargeable to Income Tax at the special trust rate £4,839 (£5,000- £161).

Allowance due £6,049 (£4,839 grossed up by reference to basic rate on savings income - ITA/S486(1) - Step 5) (TSEM8245).