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Stamp duty implications of settling assets into and appointing assets from a trust

  • 13-07-2008 6:47pm
    #1
    Closed Accounts Posts: 81 ✭✭


    If a settlor appoints an asset, say shares into a discretionary trust, is there a charge to Stamp duty on this transaction? Who is the accountable person, is it the trustees?

    When the shares are then appointed by the trustees to the beneficiary does this also attract a charge to Stamp duty?

    Essentially in moving the asset into the trust and out again are there two charges to stamp duty?

    Also, say for an asset such as land, transferred into a trust is there a charge to stamp duty? Say it is a discretionary trust and the land is then appointed by the trustees to a son of the settlor, as the son has taken a benefit from the father although the asset passed via the trust, does he qualify for the 50% reduction in stamp duty for transfers between relatives as he took the benefit from his father?


Comments

  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    This is bordering on legal advice- I've pmed you my thoughts as I don't want to post this one publically.


  • Registered Users, Registered Users 2 Posts: 666 ✭✭✭pigeonbutler


    That's the sort of detailed advice people pay a lot of money for! For something that technical do you really want to trust the advice of someone anonymous on the web that you can't sue if things go bad!


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