Tax treatment of Contingent residuary gifts

Trusts Discussion
1

Hi,

I was wondering if anyone could advise whether there are any tax benefits of modifying s31 trustee act to delay the entitlement to income to an age greater than 18 where the gift to a residuary beneficiary (to someone who is not a child of the testator) is age contingent.

It has been suggested that there might be some benefit of doing so for CGT purposes as the gain could be held over but I am not sure on this.

Thank you.

2

Hi Justine, I can’t see that you got a reply on this - did you manage to come to a conclusion?

I have a case where s31 has been extended to age 30 for grandchildren. Was interested to see what your outcome was.
Thanks

3

Hi Kamlesh,

Sorry no I am not sure what conclusion I came to in the end - it is something which has been bothering me for a while!