
The settlement legislation rules are intended to prevent an individual from gaining a tax advantage by entering into arrangements which divert his or her income to another person who is liable at a lower rate of tax or is not liable to Income Tax.
Where a settlor has retained an interest in a property, the income arising is treated as the settlor’s income for all tax purposes. A settlor can be said to have retained an interest if the property or income may be applied for the benefit of the settlor, a spouse or civil partner.
In general, the anti-avoidance settlement legislation can apply where an individual enters into an arrangement to divert income to someone else and in the process, tax is saved.
These arrangements must be:
However, there are a number of everyday scenarios where the settlements legislation does not apply. In fact, after much case law in this area, HMRC has confirmed that if there is no ‘bounty‘ or if the gift to a spouse or civil partner is an outright gift which is not wholly, or substantially, a right to income, then the legislation will not apply.
The settlements legislation is tax law that aims to prevent high earning taxpayers from making use of the tax allowance of a lower earning spouse, partner, family member or friend. … HMRC lost the case, which provided contractors with certainty about the settlements legislation’s exemption for spouses and civil partners.
We’re seeing more companies come to us after having their R&D tax relief claims questioned, returned, or rejected by HMRC....
Sole traders and landlords are increasingly asking what happens if they do not respond to Making Tax Digital sign-up letters....
A host can receive regular Airbnb bookings and still be unsure whether HMRC sees the income as a small side...
A couple in their late sixties own a home worth £750,000 and have £700,000 in savings and investments. Their combined...
A pharmacy can look profitable on paper while still facing tight cash flow. NHS income, retail sales, dispensing margins, staff...
Capital Gains Tax is becoming increasingly important for UK crypto investors as HMRC gains access to more detailed information about...
A sole trader may have completed the first MTD quarterly update without realising that the next deadline is already approaching....
A client came to Apex Accountants last week, a sole trader with two income streams, unsure whether she had met...
We are increasingly asked the same question by clients who have heard about Making Tax Digital but are not sure...
Miss a tax deadline today and HMRC charges 7.75% a year on the outstanding balance. The Bank of England’s base...