Equity and the Law of Trust Chapter 1 § 7
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Questions and Answers

Which Act has been used by the courts to assist in the creation of tax avoidance schemes?

  • Value Added Tax Act 1994
  • Corporation Tax Act 1970
  • Income Tax Act 1967
  • Variation of Trusts Act 1958 (correct)

What did Lord Denning MR say about the avoidance of tax?

  • It is lawful but not a virtue (correct)
  • It is unlawful but a virtue
  • It is unlawful and not a virtue
  • It is lawful and a virtue

What is the relationship between equity and trusts and tax law?

  • They are unrelated and do not require a knowledge of tax law (correct)
  • They are somewhat related but do not require a knowledge of tax law
  • They are closely related and require a knowledge of tax law
  • They are somewhat related and require a knowledge of tax law

Which of the following is a reason why someone might create a trust or settlement?

<p>To reduce taxation (D)</p> Signup and view all the answers

What is the difference between tax evasion and tax avoidance?

<p>Tax evasion is illegal, while tax avoidance is legal (C)</p> Signup and view all the answers

What can a settlor do to reduce the incidence of tax?

<p>All of the above (D)</p> Signup and view all the answers

Flashcards

Variation of Trusts Act 1958

The Variation of Trusts Act 1958 has been used by the courts to create tax avoidance schemes.

Tax avoidance: Legal but not a virtue

Lord Denning MR stated that avoiding taxes is legal but not morally commendable.

Equity, Trusts, and Tax Law

Equity and trusts are separate legal areas and do not require knowledge of tax law. However, they can be used to achieve tax-efficient outcomes.

Tax Reduction through Trusts

One reason for creating a trust or settlement is to reduce taxation. It's a form of tax planning.

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Tax Evasion vs. Avoidance

Tax evasion is illegal, involving deliberate deceit to avoid paying taxes. Tax avoidance is legal, using legal means to minimize tax liability.

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How can a settlor reduce the incidence of tax?

A settlor has various methods to potentially lower their tax burden, including creating trusts, making gifts, or using trusts to manage assets.

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Description

Test your knowledge on trusts and taxation with this quiz. Explore the limits of tax reduction in settlements and understand the concept of "having your cake and eating it too."

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