TSEM1112 - Introduction to trusts: types of trusts and settlements: accumulation/discretionary trusts

Use of term ‘accumulation/discretionary trust’

We use the term ‘accumulation/discretionary trust’ to describe any trust where the trustees can accumulate income or pay it at their discretion. This includes

  • trusts to accumulate (TSEM1125)
  • trusts where the trustees can pay income at discretion
  • accumulations and maintenance trusts (TSEM1025)
  • mixed trusts (TSEM1115)

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Tax consequences

Where the trustees have power to

  • accumulate income or
  • pay income at discretion or
  • accumulate income and pay income at discretion

The trust’s income is chargeable at special rates of tax under ITA/S479.

From 2010/2011 the special trust rates are:-

  • 42.5% on dividend type income
  • 50% on all other income

For earlier years, see TSEM3041