Event Details

Tax Aspects of Declarations of Trust for Property Owners

Thursday 22 February 2018 14:00 - 17:15


THURSDAY 22 FEBRUARY 2018 – 2.00 – 5.15 PM

Registration:              1.30 pm

Venue:                        Carlton Hotel, East Overcliff, Bournemouth.  BH1 3DN

Please note the entrance to the car park is in Grove Road.   There is no charge for BDLS delegates to park at the hotel – they will just need to let Reception have their car registration number when they arrive

Cost:                           £100.00 – Member and Associate Members of BDLS/Trainee Solicitor

                                   £125.00 – Non Member of BDLS

3 hours CPD

Following the 3% higher SDLT charge for second properties, introduced in April 2016, and the Residence Nil Rate Band (RNRB) in April 2017, tax planning with property interests is even more complicated. This course aims to help sort the wood from the trees and guide you on some of the key tax issues for property owners. 

Starters: For each property: legal and beneficial ownership?

  • Any beneficial interests not documented?
    • Constructive or resulting trusts?
  • Potential sticky issues: who is your client?
    • Capacity to make gifts of property?
    • Can we act for two cohabitees /co-owners? Separate advice?
  • SDLT: Key issues with the higher SDLT charge for declarations of trust.
    • Problems arising in practice that affect property taxation planning. 

Tax issues with Gifts of property interests.

  • Outright gifts, of whole or share of property, or gifts in trust;
  • IHT: valuation principles for gifts & sales at undervalue
    • Potential tax traps –Reservation of benefit- & POAT
    • Sharing accommodation –main homes and holiday homes
    • RNRB and Downsizing relief –how does this affect planning?
  • CGT: Maximising Private Residence Relief, 2 or more homes and elections
  • Income tax: joint ownership by spouses and Form 17 for unequal shares

The beginning and end of home ownership: helping out children / parents

  • Helping adult children buy property
  • Gifts/arrangements for sharing with parents
  • SDLT: how to work with the new 3% higher charge for second property interests.


This lecture will be presented by JOHN BUNKER.  John is a freelance lecturer and also Head of Private Client Knowledge Management of Irwin Mitchell LLP. With over 25 years of experience as a solicitor specialising in wills, trusts, estate and tax planning, 20 years as a Chartered Tax Adviser, John serves on the Chartered Institute of Taxation’s Succession Taxes Sub-committee (which he now chairs), HMRC’s Capital Taxes Liaison Group and TACT’s Private Trusts Committee.  John moved in 2012 to his role, responsible for technical development and know-how, for Thomas Eggar’s 100 strong Private Client team, after 23 years as a partner. This role developed within Irwin Mitchell Private Wealth to include the former Berkeley Law and Sheffield head office teams.  Alongside this John has developed external training work in a freelance capacity. He brings enthusiasm for his subject, where he seeks to illuminate technical details with practical insight, to training for local law societies, branches of CIOT, STEP, SFE and other professional groups, as well as MBL, CLT, SJ Live, the Ark Group, and individual firms.

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