Inheritance tax - Interaction with other taxes

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Overview

Inheritance Tax (IHT) in the UK is part of a complex web of tax interactions, affecting estate planning and wealth transfer decisions. For SQE1 FLK1 exam candidates, understanding IHT's relationship with Capital Gains Tax (CGT), Income Tax, and Stamp Duty Land Tax (SDLT) is essential. This article explores these connections, covering Business Property Relief (BPR) and strategies for managing tax liabilities. By examining these factors, students will hone their analytical skills needed for challenging scenarios in the SQE1 FLK1 exam and legal practice.

Inheritance Tax and Capital Gains Tax

The link between IHT and CGT is vital in estate planning and gifting during life. While IHT targets the value of an estate at death, CGT applies to assets disposed of during life or by personal representatives post-death.

Death and CGT

Upon death, estate assets face IHT based on their market value, with no CGT charged at death. This 'CGT-free uplift' assigns assets to personal representatives at market value, reducing future CGT for beneficiaries.

Lifetime Gifts and CGT Considerations

Lifetime gifts require careful planning, involving both IHT and CGT:

  1. Immediately Chargeable Transfers: Gifts to trusts may trigger immediate IHT if over the nil-rate band, with CGT based on the asset's market value.

  2. Potentially Exempt Transfers (PETs): Gifts to individuals are PETs for IHT but may incur CGT. If the donor dies within seven years, the gift could face double taxation.

Example: Lifetime Gift of Appreciated Property

Alice gifts a property to her daughter, Beth. Purchased for £200,000, it's now worth £500,000.

CGT Calculation:

  • Gain: £500,000 - £200,000 = £300,000
  • CGT due: £300,000 * 28% = £84,000 for higher rate taxpayer

IHT Considerations:

  • If Alice survives seven years, no IHT is due.
  • If not, the gift may incur IHT, with taper relief possible.

This highlights the importance of considering both taxes in planning, as CGT is immediate while IHT remains uncertain for seven years.

Inheritance Tax and Income Tax

Although separate regimes, IHT and Income Tax interact significantly, especially in estate administration and specific asset types.

Estate Administration

During estate administration, income from estate assets is taxed. Personal representatives manage:

  1. IHT on the estate's capital value
  2. Income Tax on generated income

Specific Asset Types

Different assets have unique treatments under both taxes:

  1. Pensions: Most are IHT-free if death occurs before 75, but withdrawals may be taxed on beneficiaries.

  2. ISAs: Lose Income Tax-free status at death but remain part of the estate for IHT.

  3. Government Bonds: Some are IHT-exempt yet generate taxable income.

Example: Estate Income During Administration

An estate of £1,000,000 generates £50,000 in rental income during the first year.

IHT Calculation:

  • IHT due: (£1,000,000 - £325,000) * 40% = £270,000

Income Tax Calculation:

  • Income Tax due: £50,000 * 20% = £10,000

This shows the need for careful tax management by personal representatives.

Inheritance Tax and Business Property Relief

Business Property Relief (BPR) is key for lowering IHT on business assets. Understanding its use is important for estate planning, especially for business owners.

Scope and Rates of Relief

BPR offers:

  1. 100% relief: For a business or interest in a business and unquoted shares.
  2. 50% relief: For quoted shares giving control and certain land and machinery.

Qualifying Conditions

BPR eligibility requires:

  1. Ownership for two years before transfer.
  2. The business must primarily trade, not deal in investments.
  3. Exclusion of assets not used for business recently.
  4. No binding contract for sale, unless exchanging for company shares.

Strategic Considerations

  1. Lifetime Gifting: Can reduce estate value without immediate IHT.
  2. Will Planning: Ensures business assets maintain BPR qualification.
  3. Asset Structuring: Reorganizes to maximize BPR.

Example: Application of BPR

Sarah's manufacturing business is valued at £2,000,000, with trading assets at £1,800,000 and investment property at £200,000.

BPR Calculation:

  • Relief on trading assets: £1,800,000 * 100% = £1,800,000
  • Investment property does not qualify

IHT Calculation:

  • Taxable estate: £2,000,000 - £1,800,000 = £200,000
  • IHT due: (£200,000 - £325,000) * 40% = £0 (within nil-rate band)

This shows how BPR can cut IHT liability on business assets, highlighting its importance.

Stamp Duty Land Tax and Inheritance Tax

While SDLT doesn't directly apply to inheritances, it's relevant for beneficiaries and estate management.

Inheritance and SDLT

Inherited properties face no SDLT but arise in scenarios like:

  1. Sale by Personal Representatives: Purchasers pay SDLT on sales.
  2. Appropriation: No SDLT when property satisfies will entitlements.
  3. Variation: Changes in wills may trigger SDLT depending on timing and nature.

Strategic Planning Considerations

  1. Lifetime Gifts: May incur SDLT even if IHT is exempt.
  2. Trusts: Require balancing SDLT against IHT.
  3. Business Property: SDLT-BPR interplay affects decisions.

Example: SDLT on Post-Death Property Transfer

John's will gives his house to Emma, but she and her brother, James, agree on a variation:

SDLT Implications:

  • No SDLT if varied within two years and no consideration involved.
  • SDLT payable if conditions differ.

IHT Implications:

  • Variations are treated as if John gifted directly to James.

This example shows the benefits of structured post-death arrangements to minimize SDLT while achieving asset distribution goals.

Conclusion

The complex interaction between Inheritance Tax and other taxes like CGT, Income, and SDLT offers both challenges and planning opportunities. Understanding these relationships is vital for SQE1 FLK1 exam candidates to develop the analytical skills necessary for complex legal scenarios.

Key points include:

  1. The CGT uplift on death's role in estate planning
  2. Dual IHT and Income Tax considerations during estate administration
  3. BPR's strategic role in reducing IHT
  4. SDLT's impact on property transfers in estate planning

Learning these concepts equips candidates for exam success and lays groundwork for effective tax planning in legal practice. Analyzing the multi-layered tax aspects of wealth transfer is a critical skill in private client law and estate management.