Interest-in-possession trusts: A balancing act

Emma Cooper explores how to set up dividend policies for companies wholly owned by trustees of a life interest trust ‘Trustees who hold the entire issued share capital of a company, or who otherwise control it, are in a very different position from investors with minority holdings, as they have the power to decide the …
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Akers & ors v Samba [2017] UKSC 6

Wills & Trusts Law Reports | Summer 2017 #168

Mr Al-Sanea was the legal owner of shares in five Saudi Arabian banks, including Samba Financial Group (appellant). As a result of six transactions between 2002 and 2008 Mr Al-Sanea agreed to hold the relevant shares in trust for Saad Investments Co Ltd (SICL), a company subject to the laws of the Cayman Islands. Compulsory winding up proceedings of SICL commenced on 30 June 2009 and, six weeks later, Mr Al-Sanea in breach of trust transferred the legal title to the relevant shares to the appellant, purporting thereby to discharge personal liabilities which he had towards it. On 19 Augus...

Rogge & ors v HMRCC [2012] UKFTT 49 (TC)

Wills & Trusts Law Reports | April 2012 #118

There were three joined appeals, namely that of R who had paid interest under a loan to the trustees of a trust of which he was the settlor and those of K and the trustees of a trust in which K, the settlor, was interested. K had paid rent to the trustees of a trust under which he was a settlor and of which he was the life tenant. All appealed income tax assessments on the basis that it is impossible for a taxpayer to be taxed on his own expense. Parliament could not have intended s660A(1) of the Income and Corporation Taxes Act 1988 to have this effect. Section 660...