Inheritance Tax on lifetime transfers and transfers on death - Calculating IHT liability

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Overview

Inheritance Tax (IHT) is a significant factor in estate planning and a key area for the SQE1 FLK2 exam. This guide details how to calculate IHT for both lifetime and death-time transfers, offering essential knowledge for exam success and professional practice. We will explore transfer classifications, exemptions, reliefs, and techniques to improve tax strategies.

Lifetime Transfers: PETs and LCTs

Lifetime transfers fall into two main categories, each with unique tax considerations:

Potentially Exempt Transfers (PETs)

PETs are initially exempt but become taxable if the donor passes away within seven years. Key factors include:

  • The Seven-Year Rule: Tax applies only if the donor dies within this period.
  • Taper Relief: Reduces tax from year three to seven.
  • Reservations of Benefit: Retaining benefits can reclassify the transfer, affecting tax.

Lifetime Chargeable Transfers (LCTs)

LCTs generally face immediate IHT unless exemptions apply. Common examples:

  • Discretionary Trusts: Offer flexibility but typically incur immediate tax.
  • Bare Trusts: Simpler, yet may trigger immediate tax.
  • Interest-in-Possession Trusts: Benefit-specific trusts that may incur tax upon transfer.

Transfers on Death: Estate Valuation and IHT

Upon death, the estate's IHT obligations are assessed. Key elements include:

  • Nil Rate Band (NRB): Up to £325,000 exempted.
  • Residence Nil Rate Band (RNRB): Extra for direct descendants inheriting a home.
  • IHT Rate: 40% for assets beyond exempt amounts.
  • Previous Transfers: Can reduce the available NRB upon death.

Exemptions and Reliefs: Reducing IHT

Effective IHT planning relies on understanding exemptions and reliefs:

Key Exemptions

  1. Spousal Exemption: Unlimited between UK-domiciled partners.
  2. Annual Exemption: £3,000 per year, carry forward possible.
  3. Small Gifts: Up to £250 per person each year.
  4. Regular Gifts: Must not lower the donor’s living standard.
  5. Charitable Donations: Exempt and can lower the overall tax rate.

Important Reliefs

  1. Business Property Relief: 50% or 100% on qualifying assets.
  2. Agricultural Property Relief: Up to 100% on qualifying assets.
  3. Taper Relief: For PETs and LCTs, if the donor survives 3-7 years.

Advanced IHT Calculations

Scenario 1: Cumulative Lifetime Transfers

Eliza’s transfer sequence:

  1. Year 1: £200,000 gift (PET)
  2. Year 3: £300,000 to discretionary trust (CLT)
  3. Year 5: Dies, estate valued at £1,000,000

Calculations:

  1. CLT (Year 3) - Within NRB, no tax due.
  2. On death (Year 5) - PET taxed, £70,000 due.
  3. Estate tax - £400,000 due.

Scenario 2: NRB and RNRB Interaction

James’s bequests:

  • £400,000 home to daughter
  • £500,000 to son
  • £100,000 PET four years earlier

Calculations:

  1. Total allowances: £500,000
  2. Chargeable amount: £400,000
  3. Tax due: £160,000

Strategic IHT Planning

  1. Lifetime Gifting: Use annual exemptions and PETs wisely, consider timing and regular gifting exemptions.

  2. Trusts: Discretionary and interest-in-possession trusts offer flexibility. Assess tax impacts.

  3. Business and Agricultural Assets: Optimize ownership for tax relief eligibility.

  4. Will Planning: Use trusts and charitable legacies to minimize tax.

  5. Domicile and Asset Location: Consider domicile effects and property locations.

Conclusion

Achieving proficiency in IHT calculations is vital for success in the SQE1 FLK2 exam and practice. Understanding the complexities of various transfers and exemptions ensures minimized tax exposure. Key takeaways include:

  1. Distinguishing between PETs and LCTs.
  2. Utilizing exemptions and reliefs effectively.
  3. Considering the implications of the seven-year rule.
  4. Planning with trusts and reliefs for optimal outcomes.
  5. Keeping updated on IHT law changes.