Although some trust assets may be excluded from inheritance taxes, those that are in a Revocable Living Trust are not. This is because technically these assets still belong to the settlor.
Generally, you must pay inheritance tax on assets valued over £325,000, at a rate of 20%. This rate applies if the trustee pays the inheritance tax. However, the rate increases if the settlor pays because it’s seen as an increased loss from their estate.
What’s more, there may be situations that reduce the £325,000 limit, or that cause you to pay tax twice on a trust asset (i.e., double taxation).
The bottom line is: inheritance tax laws are complex. If you have further questions, you can refer to GOV.UK’s Guide to Trusts and Inheritance Tax or consult a tax specialist.
What are the other tax implications of creating a trust?
You must pay taxes at several points in the lifecycle of a living trust (i.e., a settlor-interested trust), as it’s subject to unique tax rules designed to prevent tax avoidance.
For instance, capital gains tax may be payable when assets are taken out of the trust and the total taxable gain is above the Annual Exempt Amount.
Income tax is also payable on income generated by the trust at variable rates. Usually, the trustee pays the income tax but, ultimately, the settlor is responsible for the income tax and for reporting it to HM Revenue and Customs (HMRC).
When filling out LawDepot’s Revocable Living Trust form, we’ll provide some general information about tax implications. However, it’s best practice to seek advice from a tax specialist before creating a living trust.