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| What is Inheritance
Tax? |
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Inheritance tax is the tax levied against
your estate upon your death.
If the value of your assets
at death, (plus the total value of any gifts you made during the
last seven years of your life), minus any debt liabilities exceeds
£250,000 you will have to
pay inheritance tax on the remainder at 40%.
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Who pays
Inheritance Tax? |
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Generally it is anyone whose estate exceeds the value of
£250,000.
However, it does not have to be paid on assets that pass to your husband or
wife.
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| How do I calculate
it? |
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To calculate whether you are liable to pay inheritance tax:
Work out the value of your estate
(Total assets minus total debts)
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+
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Total amount of any
gifts made
during the last seven years.
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=
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less than £250,000,
then no Inheritance tax is due
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more
than £250,000,
then Inheritance tax is charged
at 40% on the excess.
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Can I reduce the
amount I have to pay in Inheritance Tax? |
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It is possible to reduce the amount of inheritance tax you pay by
a variety of methods such as the giving of gifts, dividing assets
and setting up trusts. You can even avoid IHT if you own or
buy a wood as they are exempt. Here are a few options but we would
recommend you seek further advice from a solicitor.
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| Make your Will
wisely |
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Married couples
It is not advisable to have a Will
which mirrors your partners i.e. where everything goes to the other
spouse. This does not make good use of the other spouse's tax
allowance.
It is better to sit down and identify the assets that one spouse will not need after the
death of the other and make provisions for certain assets to go
immediately to the children or another person of your choice. Unmarried
couples
Each partner should keep their assets within the inheritance tax
boundary by splitting them up accordingly because unlike married
couples, unmarried couples cannot pass on assets to partners without
paying inheritance tax.
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| Trusts |
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By setting up trust funds inheritance tax can be significantly
reduced as the money held in the trust is not subject to IHT.
For example if Mr and Mrs Jones have an
estate worth £500,000 when Mr Jones dies there would be no tax to
pay as IHT is exempt on assets passed to a spouse.
However, when Mrs Jones dies
£250,000 of the estate
would remain tax free but the remaining balance would be subject
to 40% tax.
If Mr Jones were to leave assets worth £100,000 to a trust then
when Mrs Jones dies, only £150,000 would be subject to
tax.
Mrs Jones is still able to access the money in the trust whilst
she is alive as Mr Jones can instruct trustees to pay his wife an
income from the trust.
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| Gifts |
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To alleviate the burden of inheritance tax, monetary gifts can be given
which are tax free. These are based on the following
guidelines:
- Gifts to a bride or groom made by a parent of up to £5,000; by a
grandparent of up to £2,500; and by anyone else of up to £1,000.
- Small gifts of up to £250 to any person in any one year
- Gifts up to £3,000 to one or more people in a tax year. It
is possible to carry over gifts of £3,000 to a maximum of
£6,000 but this is based on the previous year only. For
example, if Mr Jones decides to give his daughter £3,000 this
year but did not give anything to anyone last year, he can give
a further £3,000.
- Payments for the maintenance of your husband, wife or
dependent relative, or the maintenance, education or training
of your child.
- If you have more than you need to live on you can give as much
of the excess as you like away so long as your lifestyle is not
affected.
- Gifts to a spouse or to charity.
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| Potentially Exempt
Gifts |
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Other gifts can also be made tax free provided you
survive for 7 full years from when the gift is made. If you die before
seven years have passed, tax will be payable but in a tiered way
(see below). For example, if Mr Jones gave a friend £10,000 but
died within 3 years of doing so, Mr Jones's friend would have to pay IHT on
100% of the gift given so £4,000 would have to be paid to
the Inland Revenue. If however, Mr Jones died within 4 years,
80% of the gift would be subject to tax so £3,200 would have to be
paid by Mr Jones's friend to the Inland Revenue, and so on. If Mr Jones died in
his seventh year after giving his friend £10,000, 20% of the
£10,000 would be subject to tax, whereas if Mr Jones died at
the beginning of his 8th year, the gift
would be totally exempt. Records of all
such transactions should be kept so that IHT can be calculated
accordingly at the time of death.
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Years survived before death
after giving the gift
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% of gift to be taxed
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0-3
years
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100
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3-4 years
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80
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4-5
years
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60
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5-6 years
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40
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6-7
years
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20
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