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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.13 Income tax and CGT—beneficiaries of settlements /Income tax for beneficiaries / I5.1302 Whether interest vested or contingent
Commentary

I5.1302 Whether interest vested or contingent

IHT, trusts and estates

Where income is accumulated in the hands of the trustees, the tax treatment of that income depends on whether the beneficiary has a vested interest (ie is absolutely entitled to the income) or a contingent interest. This is primarily a question of trust law. The problem usually arises where the beneficiary is an infant.

Where the beneficiary under a trust which carries the intermediate income1, is an infant, the trustees:

  1. Ìý

    •ÌýÌýÌýÌý have the power to apply the income for the maintenance, education or benefit of the infant2, and

  2. Ìý

    •ÌýÌýÌýÌý are bound to accumulate the remainder3

If the infant attains the age of 18, or marries under that age, the accumulations become his absolutely, if he had a vested interest in the income during infancy,

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Web page updated on 17 Mar 2025 16:54