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Proceeding contribution from Theresa Villiers (Conservative) in the House of Commons on Tuesday, 2 May 2006. It occurred during Debate on bill and Committee of the Whole House (HC) on Finance (No. 2) Bill 2005-06.


Finance (No. 2) Bill

I am grateful to my hon. Friend. For many years, it has been a standard part of more or less every will drafted for a family to include a trust because those arrangements make sense in balancing the different interests of different family members. While I am broadly sympathetic to the objectives of the Liberal Democrat amendments, I prefer the approach taken in new clause 1 and amendment (c). I appreciate the importance of safeguarding the interests of civil partners, but new clause 1 and amendment (c) already cover that when read in conjunction with the existing legislation. On new clause 2, I agree that postponement of the measures to give time for consultation and reflection would be very welcome. Amendment (a) and new clause 2 refer to life assurance. On Second Reading, the Chief Secretary said that life assurance policies are not affected by the Bill. If that is the Government’s aim, I am not convinced that they have yet achieved it. Although reassurance on the point was rushed into the explanatory notes at the last minute, Kevin Martin, president of the Law Society, later disclosed:"““The Revenue has confirmed to us that the Finance Bill does indeed contain nothing on this. There is no specific exclusion for life policy trusts as has been widely claimed. Millions of wills and life policy trusts may be caught.””" The Revenue’s assurances on life policies seem to be based on the view that premium payments are not additions to the trust because they are made pursuant to the terms of the policy contract. That contested view of the legal position is scant comfort for the policyholders who could be hit with the new IHT charges. Skandia Life has said that as many as 4.5 million people could be affected. In any event, life policies settled on accumulation and maintenance trusts would still be affected. The problem has not been solved, and I hope that the Government will consider taking appropriate measures to tackle it in the Bill. I urge the Government to accept new clause 1 and amendment (c) and reverse their decision to impose new inheritance tax charges on trusts for spouses and civil partners. I urge them to scrap all the penal new inheritance tax charges that they are proposing. First, no proper consultation has taken place on these new taxes. The Chancellor left them out of his Budget speech and the Revenue failed to mention them in the entirety of a detailed two-year consultation process that it carried out on the taxation of trusts. Secondly, these taxes are retrospective. They apply to existing wills and trusts, many of which will be expensive, difficult and in some cases impossible to amend. Thirdly, no effective assessment has been made of their impact. Upwards of 1 million wills of ordinary working people may need to be reviewed and rewritten, with all the huge costs that that would entail. Finally, they would amount to a tax on prudent families and impact harshly on thousands of ordinary, hardworking people whose only crime is to provide responsibly for their families and to plan for an uncertain future. If these harsh new tax proposals are anything to go by, the future that middle England faces in Brown’s Britain is more uncertain and grim than ever.


Secondary information

Type
Proceeding contribution
Reference
445 c842-3 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Clubs Companies Corporation tax Computers Civil partners Housing ICT Divorce Exemptions Inheritance tax Fringe benefits Equipment Remote working Low incomes Property Married people Small businesses Tax allowances Taxation Trusts Tax rates and bands Wills Home computing initiative Civil partnerships dissolution
Legislation
Finance (No. 2) Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk