TSEM8166 - Trust management expenses: ‘properly chargeable to income�: apportionment and tax: recording and evidence: expense not separately recorded: time records not kept: other documentation

In the absence of time records, there may be other documentation that shows that expenses have been incurred exclusively on income benefit, and can assist with apportionment. This may vary from trust to trust.

Example 8

Invoice states ‘Accountancy services £xâ€�. »Ê¹ÚÌåÓýapp accountants have not kept a record of time spent exclusively on income matters for the trust. »Ê¹ÚÌåÓýapp trust accounts prepared by the accountants show a high volume of complex capital transactions; income is bank interest and dividends. »Ê¹ÚÌåÓýapp trustees should decide whether any part of the cost is exclusively for income benefit, by reference to the trust accounts. »Ê¹ÚÌåÓýapp accountantsâ€� work on accounting for the bank interest and dividends was relatively light, while their work on accounting for capital transactions was relatively heavy. By reference to the volume and complexity of the various accounts they can apportion the costs to income and capital.

Example 9

Invoice states ‘Accountancy services - tax return £xâ€�. »Ê¹ÚÌåÓýapp accountants have not kept a record of time spent exclusively on income matters for the trust. »Ê¹ÚÌåÓýapp tax return includes the core return + y pages CGT, and z pages foreign income. By reference to the return, the trustees see that part of the costs that relates exclusively to income. »Ê¹ÚÌåÓýappy can apportion an appropriate part of the cost to income.

Example 10

Invoice states ‘Accountancy services - additional tax services £xâ€�. In addition to the tax return, the accountants have dealt with a high volume of income transactions, including overseas accounts and claims to Double Taxation Relief; there is a small volume of simple capital transactions that year. »Ê¹ÚÌåÓýapp accountants supply the trustees with a schedule of this work. »Ê¹ÚÌåÓýapp trustees should decide whether any part of the cost is exclusively for income benefit. By reference to the schedule, the trustees can apportion an appropriate part of the cost to income.

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Example 11

Invoice states ‘Accountancy service - £x property business and £y other accountancy servicesâ€�. £x is already taken into account against the rental income. »Ê¹ÚÌåÓýapp trustees have to decide what to do about the other £y. »Ê¹ÚÌåÓýapp accountants have drawn up the trust accounts, and have provided tax advice and prepared the trust return. »Ê¹ÚÌåÓýapp accounts and return show rental income, bank interest and dividends; there are no capital transactions, and consequently no CGT pages in the return. »Ê¹ÚÌåÓýapp trustees decide that all the £y relates exclusively to income, and charge £y to income.

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Example 12

Invoice states ‘Tax advice £xâ€�. »Ê¹ÚÌåÓýapp advisers supply y pages of advice on income tax, and z pages on IHT and CGT. By reference to the advice, the trustees apportion y to income.