The Rysaffe principle is where multiple trusts are set up on different days so that each trust can benefit from its own nil rate IHT band of £325,000. If each trust is less than £325,000 then there is no IHT to pay, something which the Government has indicated it wants to crack down on.
In the Autumn Statement the Government performed a u-turn on their previous plan to implement a single settlement nil rate band. The Government implied it still believed in the principles behind the proposed legislation, but believed there would be a better way of implementing it. However, draft legislation issued yesterday as part of the Draft Finance Bill appears to provide opportunities for further multiple settlements to be established where additional property is added on different days. The proposals do however introduce new measures when property is added to multiple settlements on the same day, to ensure the value of all the settlements are be taken into account for both periodic and exit charge calculations.
It is not clear how these new proposals will impact existing trust arrangements.
There will now be a three month consultation period with the industry.
Rachael Griffin, head of technical marketing, Old Mutual Wealth:
“More clarity on the new proposals is required to prevent advisers and clients facing a period of uncertainty. It is unlikely the Government has changed its mind on clamping down on the Rysaffe practice, and it could be that additional changes are introduced further down the line. In the meantime, advisers should continue to assume existing trusts are ring-fenced under the old rules and, to be safe, not add further property to them until there is clarity”.