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Will this fall foul of the 'settlements’ legislation?

Question:
I have heard of people using dividends or trusts to pay for schools fees for their children.  In most of the cases the owner managed a limited company. Surely you fall under the ‘settlements’ legislation if you give shares to children or set up some form of trust?

Arthur Weller replies:
The settlement legislation (ITTOIA 2005, s 629) says that if an unmarried child under 18 receives income of more than £100 per year from an asset gifted to them by a parent, then the income is treated as the income of the parent and taxed accordingly. However grandparents are not included in these rules.
I have heard of people using dividends or trusts to pay for schools fees for their children.  In most of the cases the owner managed a limited company. Surely you fall under the ‘settlements’ legislation if you give shares to
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This question was first printed in Tax Insider in March 2013.