The Taxation of Trust Income — Back to First Principles

Abstract

In April 1991 the Inland Revenue published its Consultative Document on the taxation of trusts. It was rather a disappointment. I published my Comments on the Trusts Consultative Document in September 1991. I expressed my regret that the Revenue had not taken action 150 years earlier, had not called in outside specialists and had started from the wrong basis as to the existing law. I complained that it had not taken a broad enough approach. Much of what I said in the Comments was necessarily highly technical. Much of it related to ascertaining the existing law. In principles and to suggest some a priori solutions. I shall not assume any knowledge of the existing United Kingdom taxation of trust income.