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Offshore trusts: looking forward to 2022

Lynnette Bober (Gateley Legal) focuses on some key issues and problem areas which are likely to cross many advisers’ desks this year.

The UK’s offshore anti-avoidance legislation is unfortunately so complex that there are many areas where problems can arise. This article will focus on some key issues which the author feels are either likely to cross many advisers’ desks in 2022 or could be problematic if they do.

Trust protections

The last major changes to the taxation of foreign domiciliaries were enacted in two parts (F(No.2)A 2017 and FA 2018). Very significant changes were made to the offshore anti-avoidance provisions a number of which impact on UK domiciliaries as well as foreign ones. However when the original announcement was made by the then chancellor in July 2015 it was about the introduction of deemed domiciled status.

The announcement set out two categories of...

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