UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


TAXATION, TRUSTS AND PLANNING A (MODULE CODE TBC)
Credit value: 15 credits (6 ECTS)
Module Convenor: Monica Bhandari Other Teachers:
Intercollegiate teaching: No
Teaching Method: 10 x two-hour seminars
Who may enrol: LLM students, SIL students, other UCL Masters students
Prerequisites: None
Barred module combinations: None
Core module for specialism: International Commercial Law
Assessment
Practice Assessment: 1 formative coursework essay will be set during the teaching term
Assessment method for Masters students: 2-hour unseen written examination.
Assessment method for SIL students: 3,000 word coursework essay
Module Overview

Module summary

This course will consider the taxation of trusts in relation to two main taxes: Income Tax and Inheritance Tax. We will examine each of these taxes individually and also consider how they work together to form a coherent system, and how one can affect the other. We also begin to look at tax planning methods using these taxes. The UK tax system will be used as an example system, but the principles and theories that we will look at are applicable in any jurisdiction.

Module syllabus

A: Summary of English trust law
What is equity? What is a trust?
Trust formalities
Types of trust and trust power

B: Summary of UK tax law
History and constitutional elements
The UK tax system
Statutory interpretation

C: Income taxation of annual payments and the income taxation of trusts
Interest, annuities and other annual payments
The income taxation of trusts
The tripartite nature of trust taxation: Taxing the trustee and taxing the beneficiary

D: Capital gains tax and trusts
The charge to CGT, computation and reliefs
Bare trusts and settled property
The significance of death for CGT

E: Inheritance tax and settlements
The charge to IHT, transfers of value, gifts and potentially exempt transfers
Exemptions and reliefs
Gifts with reservation/Preowned assets
Collection, liability to IHT and collection
IHT trusts

Recommended materials

  • CCH British Tax Legislation 2012/2013
    Or
    LexisNexis Yellow Tax Handbook 2012/2013
  • Lee Revenue Law Principles and Practice (most recent edition)
  • Tiley - Revenue Law (7th ed., 2012, Hart Publishing)
  • Tiley and Collison’s - UK Tax Guide (most recent edition LexisNexis)
  • John Thurston – Estate Planning for the Middle Income Client

Preliminary reading

  • Lee Revenue Law Principles and Practice
  • James Penner – The Law of Trusts
  • Hayton & Marshall – Hayton & Marshall: Commentary and Cases on the Law of Trusts and Equitable Remedies
  • Alistair Hudson – Understanding Equity and Trusts Law
  • David Hayton – The Law of Trusts
Other information: none
Prizes for this module: There are currently no prizes available for this module.


APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now open.

Please refer to the How to apply section for information on the application process.