Trust income and gains: vulnerable beneficiaries: claims to special tax treatment: computing the amount of relief: income tax - example where the beneficiary has personal income
The details are the same as in TSEM3474 except that the beneficiary also has the following personal income and gains
- Net bank interest of £2,500 (tax of £625 has been deducted at source)
- Dividends of £2,700 (which carry a non-payable tax credit of £300)
- A discretionary distribution from the trustees of £4,200 and
- Personal chargeable gains (after taper relief, personal losses and the annual exempt amount) of £3,000.
The distribution from the trustees is not taken into account in computing the income tax liability of the vulnerable person for the purposes of calculating TLV1 and TLV2. TLV2 is therefore:
|Less personal allowance (£4,745)||£3,125||£1,620|
|First £2,020 chargeable at starting rate (10%)||£1,380||£640|
|Chargeable at lower rate (20%)||£2,360|
|Income - actual||£0||£3,125||£3,000|
|Income treated as arising to the beneficiary||£6,000||£5,000||£9,000|
|Less personal allowance||£4,745|
|First £2,020 taxable at the starting rate (10%)||£1,255||£765|
|Chargeable at dividend rate (10%)||£12,000|
|Chargeable at lower rate (20%)||£7,360||£3,000|
The trustees’ liability is the same as shown in example 1 above and the deduction that they can claim is TQTI - VQTI (£7,325 - £2,800) = £4,525. Their liability is therefore £7,325 - £4,525 = £2,800.
The trustees must also ensure that they have paid enough income tax to cover the deemed deduction of tax on the distribution to the beneficiary (see TSEM3490). The payment of £4,200 is treated as though a deduction has been made at the trust rate. The gross payment is:
£4,200 x 100/60 = £7,000
and applying the trust rate at 40% gives a deemed deduction of £2,800.
The tax which can be used to cover this deduction (the ’tax pool’) is income tax chargeable at the trust rate and dividend trust rate (minus the 10% non-payable tax credit). This amount is:
£2,800 - £900 = £1,900.
Assuming there is no tax pool brought forward from the earlier year, the trustees will have to pay a further £900 under ITA/S493 to cover the deemed deduction.