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Official guidance
Trusts, Settlements and Estates Manual

TSEM8100 · ‘Properly chargeable to income’ in general trust law

  • TSEM8105 · Trust management expenses: ‘properly chargeable to income’ in general trust law: introduction
  • TSEM8110 · Trust management expenses: ‘properly chargeable to income’ in general trust law: Carver v Duncan
  • TSEM8115 · Trust management expenses: ‘properly chargeable to income’ in general trust law: Carver v Duncan: trust law points
  • TSEM8120 · Trust management expenses: ‘properly chargeable to income’ in general trust law: HMRC v Peter Clay: summary
  • TSEM8125 · Trust management expenses: ‘properly chargeable to income’ in general trust law: HMRC v Peter Clay: ‘the whole estate’
  • TSEM8130 · Trust management expenses: ‘properly chargeable to income’ in general trust law: HMRC v Peter Clay: ‘confer benefit’
  • TSEM8135 · Trust management expenses: ‘properly chargeable to income’ in general trust law: HMRC v Peter Clay: ‘the income beneficiaries’
  • TSEM8140 · Trust management expenses: ‘properly chargeable to income’ in general trust law: HMRC v Peter Clay: what should be charged to capital
  • TSEM8145 · Trust management expenses: ‘properly chargeable to income’ in general trust law: HMRC v Peter Clay: what should be charged to income
  • TSEM8150 · ' Trust management expenses: properly chargeable to income’ in general trust law: HMRC v Peter Clay: apportionment
  • TSEM8155 · Trust management expenses: ‘properly chargeable to income’ in general trust law: apportionment and tax
  • TSEM8160 · Trust management expenses: ‘properly chargeable to income’ : apportionment and tax: recording and evidence: introduction
  • TSEM8162 · Trust management expenses : ‘properly chargeable to income’: apportionment and tax: recording and evidence: expense separately recorded
  • TSEM8164 · Trust management expenses: ‘properly chargeable to income’: apportionment and tax: recording and evidence: expense not separately recorded: time records kept
  • TSEM8166 · Trust management expenses: ‘properly chargeable to income’: apportionment and tax: recording and evidence: expense not separately recorded: time records not kept: other documentation
  • TSEM8168 · Trust management expenses: ‘properly chargeable to income’: apportionment and tax: recording and evidence: expense not separately recorded: time records not kept: no documentation: ‘realistic estimate’
  1. ‘Properly chargeable to income’ in general trust law: contents
  2. Trust management expenses: ‘properly chargeable to income’: apportionment and tax: recording and evidence: expense not separately recorded: time records kept

TSEM8164 | Trust management expenses: ‘properly chargeable to income’: apportionment and tax: recording and evidence: expense not separately recorded: time records kept

From HM Revenue & Customs · Trusts, Settlements and Estates Manual

Trustees should refer to the invoice for the global costs and any time records maintained by the person charging the costs. The time records should clearly show time spent exclusively on income. The cost can be apportioned partly to income. The trustees should have explained to the accountants etc. what constitutes activities exclusively for the income beneficiaries (e.g. by giving them a current copy of Help sheet HS392). The accountant etc. keeps records on the basis of this.

Example 6

Invoice states ‘Accountancy fees £x’. The accountant has kept records of time spent on the trust’s affairs, and these are analysed as to a) exclusively income and b) other. The records show that y% of time has been spent exclusively on income benefit matters. The accountants inform the trustees. The trustees charge y% of the cost to income.

Example 7

Invoice states ‘Trustees’ fees £x’. The trustees have kept records of time spent on dealing exclusively with matters that benefit the income beneficiaries, e.g. each item shown in trustees’ minutes contains a note of time taken. The records show that the trustees spent y% of their time dealing exclusively with income matters. The trustees charge y% to income.

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