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Farrer & Co | Tainting Revisited: Preserving protected trust status post-6 April 2017

Over 25 years ago the capital gains tax settlor charge was introduced for offshore trusts. Although the new charge was targeted at trusts established on or after 19 March 1991, those set up prior to that date could also fall foul of the new rules if they were 'tainted' by property being added to the trust. Over the course of time these tainting rules have become less relevant. However, following the enactment of Finance (No.2) Bill 2017 on 16 November 2017, tainting is set to become a hot topic once again due to the introduction of 'protected trust status' which will apply to certain offshore trusts.

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If you require further information on anything covered in this briefing please contact a member of our Private Client Team or your usual contact at the firm on 020 3375 7000.

This publication is a general summary. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, December 2017

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