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"Check out our latest article, inspired by Mishcon!" Urgent Need for Restructuring Offshore Trusts for UK Resident Settlors With the new government poised to reform the non-domicile (non-dom) regime, significant changes are anticipated, though specifics remain uncertain. The direction, however, is clear. During the Spring Budget 2024, the previous government proposed that existing excluded property trusts would retain their Inheritance Tax (IHT) protection despite other changes. However, Labour has signalled intentions to eliminate these protections, suggesting no grandfathering for existing trusts. Unless successful lobbying alters this course, current excluded property trusts are likely to lose IHT protection from April 2025. For settlors who are both long-term UK residents and trust beneficiaries, this change means that trust assets will not only face periodic IHT charges but will also be included in the settlor's estate upon death, incurring a 40% inheritance tax. This shift could significantly impact many trusts, especially those with older or ailing settlors who are at higher risk. Regarding income tax and capital gains tax, the Conservative proposals initially indicated that protections for existing "protected settlements" would be abolished from 6 April 2025. As a result, foreign income and gains within these trusts would be taxed on the settlor as though they personally owned the trust assets. Settlors must now seriously evaluate whether they can afford to relinquish their beneficiary status, either partially or entirely. If feasible, actions can be taken now to preserve existing tax protections. Ideally, these steps would wait until after the draft legislation is published. However, due to the potentially severe tax consequences, trustees and settlors may need to act sooner. Any restructuring undertaken after Labour's first budget, expected in September, may be too late if anti-forestalling measures are introduced. For non-doms with substantial personal assets, this may represent a final opportunity to add surplus assets to their existing trust or establish a new one under the current favourable tax regime. For further information, please contact Cécile Civiale Vuillier, Partner at TrustConsult (Suisse) S.A. Cecile.vuillier@trustconsultgroup.com