There is a legal “Requirement to Correct” by September 2018, and anyone who does not do so will face penalties for “Failure to Correct” of between 100% and 200% of the tax at stake. In the worst cases there are additional penalties of 10% of the value of the offshore asset and naming and shaming on HMRC’s website.
The trust register represents unprecedented exposure for all of those involved with trusts, be they settlors, beneficiaries or even professional advisers. In particular, it places a heavy burden on trustees and will increase the costs of administering trusts.
Settlors and beneficiaries are being put in the spotlight, but the obligation falls on trustees and failure to report can result in two years in jail. In seeking to shine a light on murkier areas, the EU has placed a heavy burden on them.
Crucially, succession must be an objective decision. Yet taking an impartial view of your children’s capabilities and drive won’t be easy.
Whatever your succession strategy, the need to start the process early can’t be overstated. It takes time to groom the next generation, or to find external appointees who are right for your business