Inheritance Tax on lifetime transfers and transfers on death - Nil rate band and tax rates

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Overview

Inheritance Tax (IHT) is a significant aspect of estate planning, impacting both lifetime transfers and transfers upon death. For the SQE1 FLK2 exam, understanding IHT's complex calculations and strategic implications is essential. This guide prepares aspiring legal professionals to address IHT in various estate planning situations, connecting exam requirements with practical applications.

The Nil Rate Band in IHT Planning

The nil rate band (NRB) is fundamental to IHT calculations and planning. Fixed at £325,000 until April 2026, it represents the portion of an estate transferable without incurring IHT. However, its application involves more than a straightforward allowance.

Sequential Application of the NRB

The NRB is applied sequentially, beginning with lifetime gifts and concluding with the death estate, influencing tax liabilities when multiple transfers occur over time.

Example:
An individual makes a £200,000 gift in 2020, another of £150,000 in 2022, and passes away in 2024 with an estate valued at £500,000. The NRB applies as follows:

  1. 2020 gift: £200,000 covered by NRB (£125,000 remaining)
  2. 2022 gift: £125,000 covered, £25,000 chargeable
  3. Death estate: £500,000 fully chargeable as NRB is exhausted

Transferability Between Spouses

NRB allows transfer between spouses or civil partners. If the first spouse doesn't utilize their full NRB, the remaining portion can be transferred, potentially doubling the available NRB upon the second death.

Potentially Exempt Transfers (PETs) and Lifetime Chargeable Transfers (LCTs)

Distinguishing between PETs and LCTs is important for effective IHT planning and exam success.

Potentially Exempt Transfers (PETs)

PETs offer a valuable method for lifetime gifting, allowing transfers to become exempt from IHT if the donor survives seven years from the gift date.

Considerations for PETs include:

  • No immediate tax charge
  • Becomes chargeable if the donor dies within seven years
  • Utilizes the donor's NRB before the death estate

Lifetime Chargeable Transfers (LCTs)

LCTs, commonly involving transfers to trusts, can lead to an immediate tax charge when their total exceeds the available NRB.

Key points about LCTs include:

  • Immediate 20% tax charge on amounts exceeding NRB
  • Additional tax if the donor dies within seven years
  • Complex interaction with PETs when both occur within seven years of death

Interaction Between PETs and LCTs

When both PETs and LCTs occur within seven years of death, their order is critical in determining tax liabilities.

Example:
An individual executes an LCT of £300,000 in 2020 to a trust and a PET of £200,000 in 2022 to a child, then dies in 2025. Tax implications include:

  1. LCT: Initially taxed at 20% on £0 (covered by NRB)
  2. PET: Becomes chargeable due to death within seven years
  3. Recalculation:
    • LCT fully chargeable at 40% (£300,000)
    • PET chargeable on £175,000 (£200,000 - £25,000 NRB) at 40%

Taper Relief: Reducing Tax on Failed PETs and LCTs

Taper relief decreases the IHT on failed PETs and LCTs based on the time elapsed between the transfer and the donor's death.

Applying Taper Relief

Taper relief follows a sliding scale:

  • 3-4 years before death: 20% reduction
  • 4-5 years: 40% reduction
  • 5-6 years: 60% reduction
  • 6-7 years: 80% reduction

It's applied to the tax due, not the transfer value.

Taper Relief Example

Consider a PET of £500,000 made 5.5 years before death, with full NRB:

  1. Taxable: £175,000 (£500,000 - £325,000 NRB)
  2. Initial tax: £70,000 (40% of £175,000)
  3. Taper relief: 60% reduction
  4. Final tax: £28,000 (£70,000 - 60% reduction)

Additional Residence Nil Rate Band: Improving IHT Planning

The Additional Residence Nil Rate Band (RNRB) adds complexity to IHT planning, providing an extra tax-free allowance for main residences passed to direct descendants.

RNRB Features

  1. Maximum £175,000 (from 2021/22)
  2. Applies to the main residence transferred to direct descendants
  3. Reduces for estates over £2 million
  4. Transferable between spouses, similar to the standard NRB

Effective Use of the RNRB

Proper use of the RNRB requires planning, especially for high-value estates. Strategies may include:

  1. Downsizing provisions for RNRB use if the main residence is sold
  2. Strategic will drafting to qualify for RNRB
  3. Lifetime gifting to reduce estate value below £2 million

Example:
A couple with a joint estate valued at £2.5 million and a residence worth £1 million could benefit from:

  • Combined NRB: £650,000 (2 x £325,000)
  • Combined RNRB: £350,000 (2 x £175,000)

The RNRB is reduced due to tapering. Strategic gifting can lower estate value, preserving the full RNRB and reducing IHT liability.

Estate Planning Strategies

Asset Management

Effective asset management involves structuring gifts within the NRB and applying reliefs strategically to optimize tax outcomes, including:

  • Regular gifts within the NRB over time
  • Using annual exemptions and small gifts allowances
  • Gifts out of normal expenditure

Trusts

Trusts present significant planning options, optimizing the use of the NRB and other reliefs for efficient estate tax planning. Considerations include:

  • Discretionary trusts for flexible distribution
  • Interest in possession trusts for immediate beneficiary benefit
  • Timing of trust creation and transfers to reduce tax impact

International Considerations

Recognizing domicile and residency's role in IHT is key, especially for clients with cross-border assets, requiring consideration of legal frameworks to optimize transfers, including:

  • Double taxation treaties
  • Excluded property trusts for non-UK domiciliaries
  • Planning for domicile status changes

Conclusion

A strong understanding of Inheritance Tax, including the use of the nil rate band, PETs and LCTs interaction, and strategies like taper relief and RNRB, is essential for success in the SQE1 FLK2 exam. Understanding these concepts prepares aspiring solicitors to address complex situations and offer expert estate planning advice.