This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Additional trust property was excluded property notwithstanding that settlor became deemed UK-domiciled

By Mark McLaughlin, July 2025

Where a settlor had initially established a settlement when he was non-UK domiciled but then contributed additional property at a time when he was deemed UK domiciled, the additional property could also be ‘excluded property’ for IHT purposes. 

On 14 September 1992, when neither domiciled nor deemed domiciled in the UK for inheritance tax (IHT) purposes, an individual settled $100 to create a trust with a Swiss trustee. Additional funds were settled on various occasions between November 1992 and March 2005. On 6 April 2005, the settlor became deemed domiciled in the UK for IHT purposes. On 16 March 2006, additional substantial cash funds were added to the trust. On 3 April 2006, the trustee acquired 12,487 class ‘A’ shares with a par value of €1.25 per share in a foreign company (MIP) from the settlor for €250 and payment was made from the cash funds added to the trust on 16 March 2006. On 25 October 2006, a capital

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Furnished holiday lettings activities were mainly investment in nature
By Mark McLaughlin, May 2025
Home loan scheme appeal allowed as loan note issued by trustees was not a debt incurred by the deceased
By Mark McLaughlin, April 2025
The business of providing serviced offices was wholly or mainly of making or holding investments
By Mark McLaughlin, January 2025
Transfer of reversionary interest did not involve excluded transfer
By Mark McLaughlin, March 2023
Interests in possession: Sister’s will created an interest in possession in share of property for brother
By Mark McLaughlin, January 2020