Trustees contemplating action pre-5 April 2008 will
in many
cases also have to consider how to take advantage of the current more benign CGT rules for non-domiciliaries without
triggering CGT
liability for beneficiaries who are both resident and domiciled
in the UK and the need to analyse the trust's income records to ensure that all retained income (as well as gains which may give rise to
liability in the future) is fully distributed — the catch being that distributions to UK resident beneficiaries always draw down relevant income under the Income Tax Act 2007, s 732 regime
in priority to gains under TCGA 1992, s 87.