Inheritance tax (IHT) as it is understood today was introduced in 1796 as a levy on the
wealthy, but rising property prices and tax thresholds that have not kept pace
with inflation mean that the number of estates that fall into the IHT net is
ever growing.
A series of exemptions have been introduced to allow
families to give away more of their assets tax-free, but the system has so many
intricacies that it is causing a great deal of confusion.
The nil-rate band and property allowance
Any inheritance left to a spouse or civil partner is usually
tax-free. The amount each person can leave to other heirs tax-free, called the
nil-rate band (NRB), has been frozen at £325,000 since 2009. Tax is normally
paid at 40 per cent above this threshold. A person who dies and does not use
all of their nil-rate band can pass the remainder to their spouse, who will
have a larger allowance of assets that they can pass on to heirs. If it had
risen with inflation the nil-rate band would now be £414,000.
Those whose estates are worth more than the nil-rate band
may be able to use an additional inheritance tax threshold known as the
“residential nil-rate band”, which allows an extra £125,000 per person if you
are passing on a property that is your main residence to a direct descendant
(child or grandchild and their partners). This figure is due to rise to
£175,000 over the coming years.
The “residence nil rate band” RNRB , is reduced if your
total Estate is valued at greater than £2M, calculating the RNRB is complicated
and maximising its effectiveness may require careful planning.
Gifting
You can give away as much money as you like tax-free as long as you live for seven years after making the gift. If you die before then, the recipients could face demands for IHT, depending on the size of your Estate. You are, however, allowed to give away up to £3,000 a year without incurring IHT and you can carry the allowance over for a year. The £3,000 amount has remained unchanged since 1981, if it had risen with inflation it would be about £10,932 today.
There is also a small gifts rule, which allows you to
give as many gifts of up to £250 to as many people as you want each tax year.
It is also possible to make regular gifts from income, as
long as it does not affect you standard of living.
Pension rules
A quirk in the rules means that if someone transfers their final-salary pension (which you cannot pass on save for a spousal or dependant’s pension) into a money purchase scheme (which you can ordinarily leave in your estate) and dies within two years, the pension pot could be liable to inheritance tax. If the person knew they were in ill health at the time of the transfer, HMRC designates it a ‘chargeable lifetime transfer’ and inheritance tax may apply.
Insurance
Many people buy critical illness and life protection together, and often they are placed into a trust. If not placed in Trust any proceeds are likely to increase the Inheritance Tax burden on your Estate.
Summary
At Ward
Williams Financial Services Ltd we believe that too much Inheritance tax is
paid, and that with professional advice the burden of Inheritance Tax on your
Estate can be reduced.
For
more information please do not hesitate to contact the team at Ward Williams
Financial Services Ltd on 01932 830664 or by email on wwfs@wardwilliams.co.uk.
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