The Law and Taxation of Trusts has proven to be the definitive reference work on all aspects of the law and taxation of trusts and trustees. The first text, in the Irish context, which is written from both the law and tax perspectives, it comprises detailed exploration and analysis. The law section examines the legal principles applicable to trusts, and their administration with reference to the latest legislation and case law. The section is laid out to individually analyse the different categories of trusts, including Charitable Trusts, Constructive Trusts, and Private Trusts. The tax section provides a practical and detailed guide to the tax implications of trusts and the planning opportunities that arise from them. This area of tax is particularly complex and inconsistent, and it seems that it is not likely to undergo reform going forward. With this in mind this book aims to comprehensively cover all taxes that pertain to trusts for provide practical information and advice including trust precedents. This adherence to providing practical support is particularly noticeable in the inclusion of chapters such as 'Tax Tips and Pitfalls.' The books clear and easy-to-read layout will undoubtedly be of great benefit to practitioners who deal with trusts namely, solicitors, tax consultants, accountants and trust administrators.
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Table of Contents
Preface Table of Cases Table of Statutes 1: Nature and Definition 2. Classification 3. Parties and Property 4. Private Trusts 5. Discretionary Trusts 6. Charitable Trusts 7. Non-Charitable Purpose Trusts 8. Void and Voidable Trusts 9. Resulting Trusts 10. Constructive Trusts: General 11. Constructive Trusts Arising in the Context of a Fiduciary Relationship 12. Constructive Trusts Arising Independently of a Fiduciary Relationship 13. Appointment, Retirement and Removal of Trustees, 14. Powers of Trustees 15. Duties of Trustees I 16. Duties of Trustees II: Investment and Apportionment 17. Variation of Trusts 18. Administration of Charitable Trusts 19. Liability of Trustees 20. Protection of Trustees 21. Tracing 22. Background to the Taxation of Trusts 23. Territoriality 24. Administration and Accountability 25. Bare Trusts 26. Limited Interests 27. Discretionary Trusts 28. Special Trusts 29. Reliefs and Exemptions 30. Foreign Trusts and Anti-avoidance 31. Tax Tips and Pitfalls Appendices Index