Multiple trusts - same day additions, related settlements and Rysaffe planning
12 December 2022
Key points
- Trusts created on the same day will be treated as related settlements for periodic charges
- Anti-avoidance legislation exists to limit the benefits of multiple small trusts (pilot trusts) receiving same day additions
- Making a series of gifts on separate dates could limit periodic charges (Rysaffe arrangements)
Jump to the following sections of this guide:
Creating multiple trusts
Splitting a large gift across a number of different trusts will mean each trust has its own nil rate band for calculating periodic charges. However, the benefit is limited as the value of the gifts into each trust can affect the periodic charges on the other trusts.
Related settlements
Related settlements occur where two or more trusts are set up on the same day by the same settlor. The rules exist to limit any tax advantage by creating multiple trusts.
When calculating periodic charges the initial value of all the other trust(s) created on the same day will be added to the value of the trust being assessed at each tenth anniversary. The shorthand method of multiplying the excess above the available nil rate band by 6% cannot be used where there are related settlements or same day additions.
At the 10th anniversary each trust is valued at £150,000. There have been no exits or additions to the trusts.
| Notional tax @ 20% | £25,000 |
| Effective rate (£25,000/£450,000 x 100) | 5.55% |
| Actual rate (5.55% x 30%) | 1.67% |
| Periodic charge (£150,000 x 1.67%) | £2,500 |
| Periodic charge | |
| Value of trust #1 | £150,000 |
| Value of related settlements (3 x £100,000) | £300,000 |
| Total | £450,000 |
| Less nil rate band at 10 year anniversary | (£325,000) |
| Chargeable amount | £125,000 |
This calculation is repeated for each of the four trusts giving a total periodic charge of £10,000.
Had the total amount been added to a single trust the periodic charge would be:
| Periodic charge (£275,000 x 6%) | £16,500 |
| Trust value | £600,000 |
| Nil rate band | (£325,000) |
| Chargeable amount | £275,000 |
Same day additions
Similar rules exist where new property is added to two or more existing trusts on the same day. The initial value of all property added on the same day to any trusts created by the same settlor is aggregated with the current trust value when calculating periodic charges.
Rules were introduced 10 December 2014 to prevent the use of pilot trusts to limit the impact of trust IHT charges.
This involved the creation of multiple small trusts, often with just a £10 note. At a later date a much larger amount was added to each of the trusts. This was often a lump sum paid from the settlor’s will or lump sum pension death benefits.
Each trust has its own nil rate band for periodic charge calculations. But only the initial value of any related settlements (number of pilot trusts x £10 starter gift) was included when calculating future IHT charges and not the property which was subsequently added to those settlements .
The new same day additions rules limit the effectiveness of this type of planning. Where the added property is spread across multiple trusts the value added to each trust is included in the periodic charge calculation.
Rysaffe arrangements
If trusts are created on separate days it avoids them being related settlements. This is often referred to as Rysaffe planning following a tax case which involved a series of gifts on consecutive days.
Each trust will have its own nil rate band. However, each time a trust is created there will be a chargeable transfer which reduces the available nil rate for each trust which follows it.
- Trust #1 is a CLT of £100,000 – no tax as within the available nil rate band (£325,000)
- Trust #2 is a CLT of £100,000 – no tax as within the available nil rate band (£225,000)
- Trust #3 is a CLT of £100,000 – no tax as within the available nil rate band (£125,000)
- Trust #4 is a CLT of £100,000 – £15,000 IHT payable on excess above the available nil rate band (£25,000)
| Total periodic charges across all four trusts | £9,000 |
| Periodic charges on each trust | |
| Value of trust #1 | £150,000 |
| Less available nil rate band at 10 year anniversary | (£325,000) |
| No periodic charge as within the nil rate band | |
| Value of trust #2 | £150,000 |
| Less available nil rate band at 10 year anniversary | (£225,000) |
| No periodic charge as within the nil rate band | |
| Value of trust #3 | £150,000 |
| Less available nil rate band at 10 year anniversary | (£125,000) |
| Chargeable amount | £25,000 |
| Periodic charge (£25,000 x 6%) | £1,500 |
| Value of trust #4 | £150,000 |
| Less available nil rate band at 10 year anniversary | (£25,000) |
| Chargeable amount | £125,000 |
| Periodic charge (£125,000 x 6%) | £7,500 |
Compared to the periodic charge of £16,500 William would have paid if a £400,000 investment was paid into a single settlement, significant savings have been made.
This type of planning can be also be effective when used with loan trusts. There is no chargeable transfer with loan trusts which will reduce the nil rate band of each subsequent trust. This is because money is lent to the trustees rather than gifted. If the settlor has not made any other CLTs, each loan trust would have a full nil rate band for calculation of periodic charges.
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