What Is A Bare Trust?

A bare trust is a straightforward trust arrangement where assets are held by trustees for another party, known as beneficiaries. Often used to manage assets for minors, bare trusts offer simplicity and tax benefits. Unlike discretionary trusts, they are easier to administer.

Why Choose a Bare Trust?

Bare trusts are ideal for minor beneficiaries because assets can be held until they reach 18, offering protection and tax efficiency. They are popular among grandparents wanting to provide for grandchildren, allowing funds to be used for education or saved until the child matures.

Advantages of Bare Trusts

Bare trusts are not just for the wealthy; they provide a tax-efficient way for families to save for their children. They’re perfect for assets expected to grow in value, such as shares or property, allowing for substantial tax savings when using the small gift exemption.

Tax Implications

  • Capital Acquisitions Tax (CAT): Charged on gifts exceeding the parent-child threshold of €400,000. Small gifts under €3,000 annually do not impact this threshold.
  • Capital Gains Tax (CGT): Arises if transferred assets have increased in value. Cash or loss assets are exempt.
  • Income Tax: Assessed on the asset giver, not the minor, for assets transferred during the lifetime.

AVOIDING GIFT AND INHERITANCE TAX

Anyone who receives a gift or inheritance has a potential tax liability. The tax in question is known as Capital Acquisitions Tax (CAT). Whether CAT is payable depends on the value of the gift and the relationship between the people making and receiving it. Gifts and inheritances can be received tax free up to a certain amount. The tax-free amount varies depending on the relationship between the person making and receiving the gift. Generally, every gift or inheritance received during a lifetime eats into this threshold. However, the small gift exemption allows a person to receive a gift of €3,000 per year from any number of people without it affecting their group threshold.

Significant tax savings can be made when bare trusts are used with the small gift exemption. This is when bare trusts really come into their own. By way of example, each year a couple can give each child an amount equivalent to the small gift exemption (€3,000, equating to €6,000 in total per couple to each child). If they were to do this over the course of eighteen years the child could receive €108,000 tax free. Furthermore, the tax-free threshold is not utilised and therefore it is preserved for future gifts or inheritances.


Considerations

Once assets are in a bare trust, they belong to the beneficiary and cannot be reclaimed.

At 18, beneficiaries can claim their trust assets, which can be a disadvantage if they’re not ready to manage them.


Benefits of Bare Trusts

  • Excellent for funding a child’s education.
  • Allows significant tax-free transfers using the annual small gift exemption.
  • Facilitates tax-efficient transfer of growth-potential assets to a child.

For more guidance on bare trusts, contact Claire Tuohy at HOMS Assist. We offer expert advice with a focus on your needs and concerns. Contact us at 1800 207 207 or [email protected].

Get in touch

Nationwide services with dedicated offices in

Dublin

2-4 Ely Place, Dublin 2, D02 FR58

Limerick

Bishopsgate, Henry Street, Limerick, V94 K5R6

Cork

1A South Mall, Cork, T12 PV44

Share this page

OTHER SERVICES

service

Estate Planning Solicitor: Wills, Probate and Trusts

HOMS Assist provide swift case resolution and a personalised service. Contact us for all private wealth cases such as Wills and Powers of Attorney.

service

Residential Property & Conveyancing Solicitors

HOMS Assist provide swift case resolution and personalised service in Dublin and Limerick. Contact us today to discuss property law matters.

service

Medical Negligence Claims

HOMS Assist have 50+ years’ experience in offering medical negligence solicitor services in Ireland. Contact us today for expert advice and prompt case settlement.

RELATED ARTICLES

Discover how equity release affects your eligibility for the Fair Deal Scheme and what you must consider for long-term care and asset protection in Ireland.

News Article

Will Equity Release Stop You from Getting Approved for Fair Dea
HOMS Assist wins Dublin's Personal Injury / Medical Negligence Law Firm 2025. Learn about our expert services and how we help clients achieve justice.

News Article

HOMS Assist Awarded Dublin Personal Injury and Medical Negligence Law Firm of 2025
Find out if probate is needed when you discover a small holding of shares after settling an estate. Learn the rules and your options.

News Article

What Happens When You Discover Shares After Dealing With an Estate
Explore Leona Macken’s cervical cancer screening case, HSE’s apology, and your steps for medical negligence support and action in Ireland.

News Article

HSE Apology to Leona Macken and What It Means for Cervical Cancer Screening Failings
Learn what the Adams v BBC case means for defamation law, damages, legal costs, and how to protect your reputation in Ireland. Full expert analysis here.

News Article

Analysing the Gerry Adams Defamation Case and Its Wider Implications for Reputation Law
Learn about Pamela Kirby’s injury claim after a Kilkenny hotel fall and how Irish law protects victims of hotel negligence.

News Article

What Pamela Kirby’s Case Reveals About Hotel Safety and Personal Injury Claims

What we offer

We are an award winning, client-oriented law firm in Dublin, Limerick and Cork. Our solicitors provide comprehensive legal advice in an approachable and caring manner. Most of us will require a solicitor at some time in our lives. When the time comes that you do require legal support you will want to be sure that you are dealing with professionals who will work quickly and efficiently to help you. So whether you need help writing a Will, you have been in an accident, suffered an injury or illness that was not your fault, or you are looking at divorce options, we can offer clear guidance and representation to assist you in obtaining the optimum result.

Request a callback

Fill out the form below, and we will contact you shortly. Required fields are marked *

Sign up to our newsletter today

Scroll to Top