I am interested to know how others account for excess reportable income in trusts.
This is clearly not income which is actually received. One could say that it is more like income which is accumulated within the fund, but even that doesn’t seem right, as the tax charge on ERI “income” is simply imposed by legislation on undistributed profits, whereas accumulated dividends are at least declared as distributions by the investment fund.
I believe it is clear that accumulated dividends are still income for trust purposes, with the value added to trust income and income tax deducted from the income account, even though they also affect the CGT cost figure. ERI is subject to income tax, and the (gross) amount is deducted from the base cost of the holding for CGT purposes, but should the deemed income (and income tax paid) appear in the income account or capital account?
I have only come across this in discretionary trusts so far, so that the distinction between income and capital is perhaps less important, although still relevant for IHT purposes, but this issue will clearly be more relevant for interest in possession trusts.
Diana Smart
Gordons LLP