guide to inheritance tax planning autumn 09

Upload: charleslaneco

Post on 30-May-2018

218 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    1/28

    Inheritance

    Tax Planning

    A Guide to

    Preserving and Passing your wealth

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    2/28A Guid to Inhritanc Tax - 2009/201002

    Protecting wealth

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    3/28

    A Guide toInheritance TaxPlanning

    Helping you protect your wealth is an important part o what we do, and one thing is

    certain, you need to plan to protect your wealth rom a potential Inheritance Tax liability.

    Benjamin Franklin once said that nothing is certain but death and taxes, and thanks to

    Inheritance Tax, theyre not only certain, theyre intrinsically linked. Once only the domain

    o the very wealthy, the wide-scale increase in home ownership and rising property values

    over the past decade have pushed many estates over the Inheritance Tax threshold.

    Inheritance Tax applies to your entire worldwide estate, including your property, savings,

    car, urniture and personal eects. You should also consider all o your investments,pensions and lie insurance policies and ensure that lie polices are held in an appropriate

    trust so they do not add to the value o your estate.

    Inheritance Tax as we know it today was introduced in 1986. The current rate o Inheritance

    Tax or everyone is charged at 40 per cent, and is paid by those who inherit. It is deducted

    rom your estate on death, so Inheritance Tax is relevant whether you stand to gain an

    inheritance or plan to leave one.

    I you would like to discuss the options available to you or protecting your legacy, please

    contact us or urther inormation. We can help you with the many aspects o Inheritance

    Tax Planning, rom advice on wills and trusts to other tax-ecient ways to ensure your

    wealth is best structured or your beneciaries.

    Welcome to our guide to Inheritance Tax, dedicated to

    helping you mitigate the potential eects o Inheritance

    Tax on your estate, whether you are considering the use

    o amily trusts or alternative solutions. Your wealth might

    encompass businesses, property and investments in the UK

    and abroad that require specialist considerations.

    03A Guid to Inhritanc Tax - 2009/2010

    Welcome

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    4/28A Guid to Inhritanc Tax - 2009/201004

    To obtain urther inormation,please contact us.

    19

    14

    21

    26

    08

    13

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    5/2805A Guid to Inhritanc Tax - 2009/2010

    Contents...06 17

    2022

    23

    24

    26

    08

    091011

    12

    14

    16

    Dispelling the mythabout Inheritance TaxProtecting wealth rom a potential liability.

    Transrring walth btwnyour spous or civil partnr

    New rules could mean up to double theInheritance Tax allowance is available.

    Inhritanc Tax mattrsLeaving your assets.

    Lgal documntsApplying or probate.

    Making a willWill your estate be shared out

    exactly as you want it to be?

    Valuing an statAccurately refecting what those assets

    would receive in the open market.

    Financial rasons tomak a willPutting it o could mean that

    your spouse receives less.

    Altrnativ InvstmntMarkt sharsReducing an Inheritance Tax liability

    on an estate.

    Minimising anInhritanc Tax liabilityPassing assets to beneciaries

    using a trust.

    Important xmptions

    Legally passing on your estatewithout it being subject to

    Inheritance Tax.

    A git with rsrvationMaking sure the git is not a git or

    Inheritance Tax purposes.

    Arranging to payInhritanc TaxWho will handle your aairs?

    Protcting

    your walthMaking the most o dierent

    solutions.

    Inhritanc Tax glossaryCommon estate planning terms.

    26

    25

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    6/28

    Dispellingthe myth about

    Inheritance Tax

    A Guid to Inhritanc Tax - 2009/201006

    Inheritance Tax Guide What it means

    Inheritance Tax is the tax that is paid on your estate, chargeable at a current

    rate o 40 per cent. Broadly speaking, this is a tax on everything you own at the

    time o your death, less what you owe. Its also sometimes payable on assets you

    may have given away during your lietime. Assets include property, possessions,

    money and investments. One thing is certain, careul planning is required toprotect your wealth rom a potential Inheritance Tax liability.

    Protecting wealth rom a potential liability

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    7/2807A Guid to Inhritanc Tax - 2009/2010

    Inheritance Tax Guide What it means

    Not everyone pays Inheritance

    Tax on their death. It only

    applies i the taxable value o

    your estate (including your share

    o any jointly owned assets and

    assets held in some types o

    trusts) when you die is above

    325,000 (2009/10 tax year).

    It is only payable on the excess

    above this nil rate band.

    There are also a number o

    exemptions which allow you to

    pass on amounts (during your

    lietime or in your will) without

    any Inheritance Tax being due,

    or example:

    n i your estate passes to

    your husband, wie or civil

    partner and you are both

    domiciled in the UK there is

    no Inheritance Tax to pay,

    even i the estate is above

    the 325,000 nil rate band

    n most gits made more than

    seven years beore your death

    are exempt

    n certain other gits, such

    as wedding gits and

    gits in anticipation o a

    civil partnership up to

    5,000 (depending on the

    relationship between thegiver and the recipient),

    gits to charity and 3,000

    given away each year are

    also exempt

    Transers o assets into most

    trusts and companies will

    become subject to an immediate

    Inheritance Tax charge i they

    exceed the Inheritance Tax nil

    rate band (taking into account

    the previous seven yearschargeable gits and transers).

    In addition, transers o money

    or property into most trusts are

    also subject to an immediate

    Inheritance Tax charge on values

    that exceed the Inheritance Tax

    nil rate band. Tax is also payable

    ten-yearly on the value o trust

    assets above the nil rate band;

    however certain trusts are

    exempt rom these rules.

    In order to work out whether

    the current Inheritance Tax nilrate band o 325,000 (tax year

    2009/10) has been exceeded

    on a transer, you need to take

    into account all chargeable

    (non-exempt, including

    potentially exempt) gits and

    transers made in the previous

    seven years. I a transer takes

    you over the nil rate band,

    Inheritance Tax is payable at

    20 per cent on the excess.

    Where the transer was made

    ater 5 April and beore

    1 October in any year, the tax

    is payable on 30 April in the

    ollowing year. Where the

    transer was made ater

    30 September and beore

    6 April in any year, it is payable

    six months ater the end o the

    month in which the transer

    was made.

    On 22 March 2006, the

    government changed some o

    the rules regarding trusts and

    introduced some transitional

    rules or trusts set up beore

    this date. Trusts not aected by

    the new rules (and so where no

    Inheritance Tax is immediately

    payable on any transers, but

    with regard to transers made

    during someones lietime may

    be payable i the individual dies

    within seven years) are:

    n lietime transers into a trust

    or a disabled person

    n trusts created on death or a

    disabled person

    n trusts created on death or a

    minor child o the deceased in

    which the child will become ully

    entitled to the assets at age 18

    n trusts set up under a will

    or someone who is not a

    disabled person or minor

    child o the deceased who

    becomes entitled to their

    benet on the death o the

    person who wrote the will

    Existing accumulation and

    maintenance trusts had until 6 April

    2008 to change (where appropriate)

    the trusts rules to enable them toall outside the new rules.

    Interest in possession (IIP)

    trusts that existed beore

    22 March 2006, or which

    replaced a pre-March 2006 IIP

    up to 5 October 2008, continue

    to benet rom the old rules until

    they come to an end. All other

    newly created IIP trusts will

    come under the new rules.

    I you die within seven years o

    making a transer into a trust

    on which you have already paid20 per cent Inheritance Tax, the

    tax due is recalculated using the

    Inheritance Tax rate applicable

    on death (currently 40 per

    cent). Tax will be payable by

    your estate to HM Revenue &

    Customs on the dierence.

    I you made a transer on which

    no Inheritance Tax was due at

    the time, its value is added to

    your estate when working out

    any Inheritance Tax that might

    be due.

    Trusts that count as relevant

    property trusts must also pay:

    n a periodic tax charge o up

    to 6 per cent on the value

    o trust assets over the

    Inheritance Tax nil rate band

    once every ten years

    n an exit charge proportionateto the periodic charge

    when unds valued above

    the Inheritance Tax nil

    rate band are taken out o

    a trust between ten year

    anniversaries

    These rules dont apply to

    trusts which are exempt rom

    the new rules.

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

    Inheritance Tax is the tax that is paidon your estate, chargeable at acurrent rate o 40 per cent. Broadlyspeaking this is a tax on everything

    you own at the time o your death,less what you owe.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    8/28A Guid to Inhritanc Tax - 2009/201008

    Transerringwealth betweenyour spouse orcivil partnerNew rules could mean up to double theInheritance Tax allowance is available

    New rules mean that the survivor o a

    marriage or civil partnership can beneit

    rom up to double the Inheritance Tax

    allowance (650,000 or 2009/10 taxyear, increasing to 700,000 by 2010/11),

    in addition to the entitlement to the ull

    spouse relie.

    Inheritance Tax is only paid i the taxable

    value o your estate when you die is over

    325,000 (2009/10 tax year). The irst

    325,000 o a persons estate is known as

    the Inheritance Tax nil rate band because

    the rate o Inheritance Tax charged on this

    amount is currently set at zero per cent, so

    it is ree o tax.

    Where assets are transerred between

    spouses or civil partners, they are exempt

    rom Inheritance Tax. This can mean that

    i, on the death o the irst spouse or civil

    partner, they leave all their assets to the

    survivor, the beneit o the nil rate band

    to pass on assets to other members o the

    amily, normally the children, tax ree is

    not used.

    Where one party to a marriage or civil

    partnership dies and does not use their

    nil rate band to make tax-ree bequests to

    other members o the amily, the unused

    amount can be transerred and used by the

    survivors estate on their death. This only

    applies where the survivor died on or ater

    9 October 2007.

    In eect, spouses and civil partners now

    have a nil rate band that is worth up todouble the amount o the nil rate band that

    applies on the survivors death.

    Transerring assets

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

    Where one party to amarriage or civil partnershipdies and does not use theirnil rate band to make tax-reebequests to other members othe amily, the unused amountcan be transerred and usedby the survivors estate ontheir death.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    9/2809A Guid to Inhritanc Tax - 2009/2010

    InheritanceTax mattersLeaving your assets

    However, i you are domiciled (have

    your permanent home) in the UKwhen you die but your spouse or

    civil partner isnt, you can only

    leave them 55,000 tax-ree.

    Other benefciariesYou can leave up to 325,000 tax-

    ree to anyone in your will, not just

    your spouse or civil partner (tax year

    2009/10). So you could, or example,

    give some o your estate to someone

    else or a amily trust. Inheritance Tax

    is then payable at 40 per cent on any

    amount you leave above this.

    UK CharitiesInheritance Tax isnt payable on

    any money or assets you leave to

    a registered UK charity these

    transers are exempt.

    Wills, trusts and fnancialplanningAs well as making a will, you can

    use a amily trust to pass on your

    assets in the way you want to. Youcan provide in your will or speciic

    assets to pass into a trust or or

    a trust to start once the estate is

    inalised. You can also use a trust

    to look ater assets you want to

    pass on to beneiciaries who cant

    immediately manage their own

    aairs (either because o their age

    or a disability).

    You can use dierent types o amily

    trust depending on what you want

    to do and the circumstances. I you

    are planning to set up a trust you

    should receive specialist advice. I you

    expect the trust to be liable to tax on

    income or gains you need to inormHM Revenue & Customs Trusts as soon

    as the trust is set up. For most types

    o trust, there will be an immediate

    Inheritance Tax charge i the transer

    takes you above the Inheritance

    Tax threshold. There will also be

    Inheritance Tax charges when assets

    leave the trust.

    NeeD MORe

    INFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

    I you leave everything to your husband, wie or civilpartner, in this instance there usually wont be anyInheritance Tax to pay because a husband, wie or civilpartner counts as an exempt beneciary. But bear inmind that their estate will be worth more when theydie, so more Inheritance Tax may have to be paid then.

    Exempt benefciary

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    10/28A Guid to Inhritanc Tax - 2009/201010

    Getting legal

    Lgal documntsApplying or probate

    I you are an executor o someones will, you may need a legal document called a

    grant o probate to enable you to sort out the deceased persons aairs. I thereis no will, a close relative can apply or a grant o letters o administration. In

    Scotland dierent procedures apply or a death.

    I there is more than one executor

    its common to agree that one will

    apply or the grant and sort out the

    will. However, up to our executors

    can apply jointly and sort out

    everything together.

    You can ask a solicitor to applyor the grant or you. There

    may be a charge to provide this

    service, so its a good idea to

    check irst.

    I you apply or probate without

    a solicitor, the orms you need to

    complete depend on where the

    person lived and whether or not

    you expect Inheritance Tax to be

    due on the estate. Inheritance Tax

    is only paid in a small number o

    cases, when the taxable value othe deceased persons estate (ater

    exemptions) is over the 325,000

    threshold (applies or deaths in the

    2009/10 tax year).

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    11/28

    Will your estate be shared out exactly as you want it to be?

    Planning your nances in advance should

    help you to ensure that when you die

    everything you own goes where you want it

    to. Making a will is the rst step in ensuring

    that your estate is shared out exactly as you

    want it to be.

    I you dont make a will, there are rules orsharing out your estate called the Law o

    Intestacy, which could mean your money

    going to amily members who may not need

    it, or your unmarried partner or a partner

    with whom you are not in a civil partnership

    receiving nothing at all.

    I you leave everything to your spouse or

    civil partner therell be no Inheritance Tax to

    pay because they are classed as an exempt

    beneciary. Or you may decide to use your

    tax-ree allowance to give some o your

    estate to someone else or to a amily trust.

    A will sets out who is to benet rom your

    property and possessions (your estate) ater

    your death. There are many good

    reasons to make a will:

    n you can decide how your assets are

    shared i you dont have a will, the law

    says who gets what

    n i youre an unmarried couple (whether or

    not its a same-sex relationship), you can

    make sure your partner is provided or

    n i youre divorced, you can decide whether

    to leave anything to your ormer partnern you can make sure you dont pay more

    Inheritance Tax than necessary

    Beore you write your will, its a good idea to

    think about what you want included in it. You

    should consider:

    n how much money and what property and

    possessions you have

    n who you want to benet rom your will

    n who should look ater any children under

    18 years o age

    n who is going to sort out your estate and

    carry out your wishes ater your death in

    other words, your executor

    An executor is the person responsible or

    passing on your estate. You can appoint an

    executor by naming them in your will. The

    courts can also appoint other people to be

    responsible or doing this job.

    Once youve made your will, it is important to

    keep it in a sae place and tell your executor,close riend or relative where it is.

    It is advisable to review your will every ve

    years and ater any major change in your

    lie, such as getting separated, married or

    divorced, having a child or moving house.

    Any change must be by codicil (an addition,

    amendment or supplement to a will) or by

    making a new will.

    Scottish law on inheritance diers rom

    English law.

    Making a will

    NeeD MORe

    INFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

    11A Guid to Inhritanc Tax - 2009/2010

    Intestacy

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    12/28A Guid to Inhritanc Tax - 2009/2010

    Protecting wealth

    12

    Valuing an estateAccurately refecting what those assets would receive in the open market

    Valuing the deceased persons estate is one o

    the rst things you need to do as the personal

    representative. You wont normally be able to take

    over management o their estate (called applying

    or probate or sometimes applying or a grant o

    representation/ conrmation) until all or some o

    any Inheritance Tax that is due has been paid.

    But bear in mind that Inheritance Tax is only payable

    on values above 325,000 or the 2009/10 tax year.

    The valuation process

    This initially involves taking the value o all the assets

    owned by the deceased person, together with the

    value o:

    n their share o any assets that they own jointly with

    someone else or example, a house that they own

    with their partner

    n any assets that are held in a trust, rom which they

    had the right to benetn any assets which they had given away, but in which

    they kept an interest or instance, i they gave a

    house to their children but still lived in it rent-ree

    n certain assets that they gave away within the last

    seven years

    Next, rom the total value above, deduct everything that

    the deceased person owed, or example:

    n any outstanding mortgages or other loans

    n unpaid bills

    n uneral expenses

    (I the debts exceed the value o the assets owned by the

    person who has died, the dierence cannot be set against

    the value o trust property included in the estate.)

    The value o all the assets, less the deductible debts,

    gives you the estate value. The threshold above which

    the value o estates is taxed at 40 per cent is 325,000

    or the 2009/10 tax year.

    I you dont know the exact amount or value o any

    item, such as an Income Tax reund or household

    bill, you can use an estimated gure. But rather

    than guessing at a value, try to work out an estimate

    based on the inormation available to you. Youll nd

    instructions about how to show estimates on the

    orm you complete.

    The orms on which youll need to record the valuation

    will dier, depending on the expected valuation amount.

    You complete a orm IHT205 or estates where you dont

    expect to have to pay Inheritance Tax (called excepted

    estates) and a orm IHT400 where you do expect to have

    to pay. The orms vary or excepted estates in Scotland.

    You should be able to value some o the estate assets

    quite easily, or example, money in bank accountsor stocks and shares. In other instances, you may

    need the help o a proessional valuer (or chartered

    surveyor or valuing a property). I you do decide to

    employ a valuer, make sure you ask them to give you

    the open market value o the asset. This represents

    the realistic selling price o an asset, not an insurance

    value or replacement value.

    I the aairs o the estate are complicated, you may want

    to work with a solicitor to help you value the estate and

    pay any tax due. I youre not using a solicitor you can ask

    HM Revenue & Customs to use orm IHT400 to work outany Inheritance Tax due.

    Once youve completed the relevant tax orms, you also

    need to complete the relevant probate orm.

    When valuing adeceased personsestate, you needto include assets(property, possessionsand money) theyowned at their deathand certain assetsthey gave away duringthe seven yearsbeore they died.The valuation mustaccurately refect whatthose assets wouldreasonably receive inthe open market at thedate o death.

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    13/2813A Guid to Inhritanc Tax - 2009/2010

    Protecting wealth

    Paying Inheritance Tax - orms you need to complete

    Country in which the Required orms i Inheritance Tax Required orms i you expect

    deceased person lived is unlikely to be due (excepted estates) Inheritance Tax to be due

    England or Wales Probate application orm PA1 Probate application orm PA1

    Inheritance Tax orm IHT205 Inheritance Tax orm IHT400

    Form IHT421 Probate summary

    Scotland Form C1 (Inventory) and orm C5 i they Form C1 (Inventory)

    died on or ater 6 April 2004; otherwise Inheritance Tax orm IHT400

    orm C1 only

    Northern Ireland Inheritance Tax Form IHT205 only Inheritance Tax orm IHT400

    Form IHT421 Probate summary

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    14/28A Guid to Inhritanc Tax - 2009/201014

    Intestacy

    Thr ar lots o good fnancial rasons or

    making a will:

    n you can decide how your assets are

    shared out - i you dont make a will, the

    law says who gets what

    n i you arent married or in a civil

    partnership (whether or not its a same

    sex relationship) your partner will not

    inherit automatically, so you can make

    sure your partner is provided or

    n i youre divorced or i your civil

    partnership has been dissolved you can

    decide whether to leave anything to an

    ex-partner who is living with someone

    else

    n you can make sure you dont pay more

    Inheritance Tax than necessary

    I you and your spouse or civil partner

    own your home as joint tenants, then

    the surviving spouse or civil partner

    automatically inherits all o the property.

    I you are tenants in common you each own a

    proportion (normally hal) o the property and

    can pass that hal on as you want.

    A solicitor will be able to help you should you

    want to change the way you own your property.

    Planning to give your homeaway to your children whileyoure still aliveYou also need to bear in mind, i you are

    planning to give your home away to your

    children while youre still alive, that:

    n gits to your children, unlike gits to your

    spouse or civil partner, arent exempt

    rom Inheritance Tax unless you live or

    seven years ater making them

    Financial reasonsto make a willPutting it o could mean that your spouse receives less

    Its easy to put o making a will. But i you die without one, your assets may bedistributed according to the law rather than your wishes. This could mean that your

    spouse receives less, or that the money goes to amily members who may not need it.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    15/2815A Guid to Inhritanc Tax - 2009/2010

    Intestacy

    n i you keep living in your home

    without paying a ull market

    rent (which your children pay

    tax on) its not an outright git

    but a git with reservation,

    so its still treated as part o

    your estate, and so liable or

    Inheritance Taxn ollowing a change o rules

    on 6 April 2005, you may

    be liable to pay an Income

    Tax charge on the benet

    you get rom having ree or

    low cost use o property you

    ormerly owned (or provided

    the unds to purchase)

    n once you have given your

    home away, your children

    own it and it becomes part

    o their assets. So i they are

    bankrupted or divorced, your

    home may have to be sold to

    pay creditors or to und part

    o a divorce settlement

    n i your children sell your

    home, and it is not their main

    home, they will have to pay

    Capital Gains Tax on any

    increase in its value

    I you dont have a will there are

    rules or deciding who inherits

    your assets, depending on yourpersonal circumstances. The

    ollowing rules are or deaths on

    or ater 1 July 2009 in England

    and Wales; the law diers i you

    die intestate (without a will) in

    Scotland or Northern Ireland.

    The rates that applied beore

    that date are shown in brackets.

    I youre married orin a civil partnership

    and there are no childrenThe husband, wie or civil partnerwont automatically get everything,

    although they will receive:

    n personal items, such as

    household articles and

    cars, but nothing used or

    business purposes

    n 400,000 (200,000) ree

    o tax or the whole estate

    i it was less than 400,000

    (200,000)n hal o the rest o the estate

    The other hal o the rest o the

    estate will be shared by the

    ollowing:

    n surviving parents

    n i there are no surviving

    parents, any brothers and

    sisters (who shared the same

    two parents as the deceased)

    will get a share (or their

    children i they died while the

    deceased was still alive)

    n i the deceased has none o

    the above, the husband, wie

    or registered civil partner will

    get everything

    I youre married or ina civil partnership andthere were childrenYour husband, wie or civil partner

    wont automatically get everything,

    although they will receive:

    n personal items, such as

    household articles and cars,

    but nothing used or business

    purposes

    n 250,000 (125,000) ree o

    tax, or the whole o the estate

    i it was less than 250,000

    (125,000)

    n a lie interest in hal o the rest

    o the estate (on his or her death

    this will pass to the children)

    The rest o the estate will be

    shared by the children.

    I you are partners butarent married or in acivil partnershipI you arent married or registered

    civil partners, you wont

    automatically get a share o your

    partners estate i they die without

    making a will.

    I they havent provided or you

    in some other way, your only

    option is to make a claim under

    the Inheritance (Provision or

    Family and Dependants) Act

    1975.

    I there is no survivingspouse/civil partnerThe estate is distributed as

    ollows:

    n to surviving children in equal

    shares (or to their children i

    they died while the deceased

    was still alive)

    n i there are no children, to

    parents (equally, i both alive)

    n i there are no surviving

    parents, to brothers and

    sisters (who shared the same

    two parents as the deceased),

    or to their children i they

    died while the deceased wasstill alive

    n i there are no brothers or

    sisters then to hal brothers

    or sisters (or to their children

    i they died while the

    deceased was still alive)

    n i none o the above then to

    grandparents (equally i more

    than one)

    n i there are no grandparents

    to aunts and uncles (or their

    children i they died while thedeceased was still alive)

    n i none o the above, then to

    hal uncles or aunts (or their

    children i they died while the

    deceased was still alive)

    n to the Crown i there are none

    o the above

    Itll take longer to sort out

    your aairs i you dont have

    a will. This could mean extradistress or your relatives and

    dependants until they can draw

    money rom your estate.

    I you eel that you have not

    received reasonable nancial

    provision rom the estate, you

    may be able to make a claim

    under the Inheritance (Provision

    or Family and Dependants)

    Act 1975, applicable in England

    and Wales. To make a claim you

    must have a particular type o

    relationship with the deceased,

    such as child, spouse, civil

    partner, dependant or cohabitee.

    Bear in mind that i you were

    living with the deceased as a

    partner but werent married

    or in a civil partnership, youll

    need to show that youve been

    maintained either wholly or

    partly by the deceased. This

    can be dicult to prove i youveboth contributed to your lie

    together. You need to make a

    claim within six months o the

    date o the Grant o Letters o

    Administration.

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    16/28A Guid to Inhritanc Tax - 2009/201016

    Tax-efciency

    AltrnativInvstmntMarkt sharsReducing an Inheritance Tax liability on an estate

    Investing in Alternative

    Investment Market (AIM) shares

    is one way o reducing an

    Inheritance Tax liability on an

    estate. Qualiying AIM shares

    oer more Inheritance Tax relie

    than some other assets and

    qualiy as business property

    investments. I property is

    held as AIM shares in certain

    trading companies, or a period

    o at least two years, it becomes

    eligible or Inheritance Tax

    Business Property Relie at

    100 per cent and will all out o

    the estate or Inheritance Tax

    purposes. This relie is a relie by

    value the shares are treated as

    having no value or Inheritance

    Tax purposes.

    Not all AIM companies are eligible

    or Business Property Relie

    however. To qualiy, a company

    must be a trading company

    carrying out the majority o its

    business in the UK. Businesses

    trading in land or securities, or

    receiving a substantial amount

    o income rom letting property

    or land, are excluded. Also, it

    must not be listed on another

    recognised stock exchange. I a

    company qualied or Inheritance

    Tax relie when the shares were

    bought, but was subsequently

    disqualied under these criteria,

    investors must reinvest their

    holdings into new qualiying

    shares within six months to retain

    the Business Property Relie

    exemption.

    Investing in the AIM will suit

    nancially secure people

    with other liquid capital who

    can invest widely enough to

    bear the risks involved. AIM

    shares can be unpredictable

    and invest in smaller, less

    established companies with

    ewer investors than other

    stock markets, so share prices

    can be volatile, rising or alling

    rapidly. You should always

    receive proessional advice

    beore considering this option to

    mitigate a potential Inheritance

    Tax liability.

    Invsting in th AIM will suit

    fnancially scur popl with othrliquid capital who can invst widlynough to bar th risks involvd.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    17/2817A Guid to Inhritanc Tax - 2009/2010

    UK trusts

    Minimising anInhritanc Tax liabilityPassing assets to beneciaries using a trust

    You may decide to use a trust to pass assets to beneciaries, particularly those who

    arent immediately able to look ater their own aairs. I you do use a trust to give

    something away, this removes it rom your estate provided you dont use it or get any

    benet rom it. But bear in mind that gits into trust may be liable to Inheritance Tax.

    Trusts oer a means o holding

    and managing money or

    property or people who may

    not be ready or able to manage

    it or themselves. Used in

    conjunction with a will, they

    can also help ensure that

    your assets are passed on in

    accordance with your wishes

    ater you die. Here we take a

    look at the main types o UK

    amily trust.

    When writing a will, there

    are several kinds o trust

    that can be used to help

    minimise an Inheritance Taxliability. On 22 March 2006 the

    government changed some o

    the rules regarding trusts and

    introduced some transitional

    rules or trusts set up beore

    this date.

    A trust might b cratd in

    various circumstancs, or

    xampl:

    n when someone is too youngto handle their aairs

    n when someone cant handle

    their aairs because theyre

    incapacitated

    n to pass on money or property

    while youre still alive

    n under the terms o a will

    n when someone dies without

    leaving a will (England and

    Wales only)

    What is a trust?A trust is an obligation binding

    a person called a trustee

    to deal with property in a

    particular way or the beneit o

    one or more beneiciaries.

    SettlorThe settlor creates the trust

    and puts property into it at thestart, oten adding more later.

    The settlor says in the trust

    deed how the trusts property

    and income should be used.

    TrusteeTrustees are the legal owners

    o the trust property and must

    deal with it in the way set out

    in the trust deed. They also

    administer the trust. There can

    be one or more trustees.

    BenefciaryThis is anyone who beneits

    rom the property held in the

    trust. The trust deed may name

    the beneiciaries individually

    or deine a class o beneiciary,

    such as the settlors amily.

    Trust propertyThis is th proprty (or capital)

    that is put into th trust by

    th sttlor. It can b anything,

    including:

    n land or buildings

    n investments

    n money

    n antiques or other

    valuable property

    The main types oprivate UK trust

    Bare trustIn a bare trust the property is

    held in the trustees name but

    the beneciary can take actual

    possession o both the income

    and trust property whenever

    they want. The beneciaries are

    named and cannot be changed.

    You can git assets to a child

    via a bare trust while you are

    alive, which will be treated as

    a Potentially Exempt Transer

    (PET) until the child reaches

    age 18, (the age o majority in

    England and Wales), when the

    child can legally demand his or

    her share o the trust und rom

    the trustees.

    All income arising within a

    bare trust in excess o 100

    per annum will be treated

    as belonging to the parents

    (assuming that the git was

    made by the parents). But

    providing the settlor survives

    seven years rom the date o

    placing the assets in the trust,

    the assets can pass InheritanceTax ree to a child at age 18.

    Lie interest or interestin possession trustIn an interest in possession

    trust the beneiciary has a legal

    right to all the trusts income

    (ater tax and expenses), but

    not to the property o the trust.

    These trusts are typically used to

    leave income arising rom a trustto a second surviving spouse

    or the rest o their lie. On their

    death, the trust property reverts

    to other beneciaries, (known

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    18/28A Guid to Inhritanc Tax - 2009/201018

    UK trusts

    as the remaindermen), who are

    oten the children rom the rst

    marriage.

    You can, or example, set up an

    interest in possession trust in

    your will. You might then leave the

    income rom the trust property to

    your spouse or lie and the trust

    property itsel to your children

    when your spouse dies.

    With a lie interest trust, thetrustees oten have a power

    o appointment, which means

    they can appoint capital to the

    beneiciaries (who can be rom

    within a widely deined class,

    such as the settlors extended

    amily) when they see it.

    Where an interest in

    possession trust was in

    existence beore 22 March

    2006, the underlying capital

    is treated as belonging to the

    beneiciary or beneiciaries or

    Inheritance Tax purposes, or

    example, it has to be included

    as part o their estate.

    Transrs into intrst in

    possssion trusts atr 22 March

    2006 ar taxabl as ollows:

    n 20 per cent tax payable based

    on the amount gited into the

    trust at the outset, which isin excess o the prevailing nil

    rate band

    n Ten years ater the trust

    was created, and on each

    subsequent ten-year

    anniversary, a periodic

    charge, currently 6 per cent,

    is applied to the portion o

    the trust assets that is in

    excess o the prevailing nil

    rate band.

    n The value o the availablenil rate band on each ten-

    year anniversary may be

    reduced, or instance, by the

    initial amount o any new

    gits put into the trust within

    seven years o its creation.

    There is also an exit charge

    on any distribution o trust

    assets between each ten-year

    anniversary.

    Discretionary trustThe trustees o a discretionary

    trust decide how much income

    or capital, i any, to pay to

    each o the beneiciaries butnone has an automatic right

    to either. The trust can have

    a widely deined class o

    beneiciaries, typically the

    settlors extended amily.

    Discretionary trusts are a

    useul way to pass on property

    while the settlor is still alive

    and allows the settlor to keep

    some control over it through

    the terms o the trust deed.

    Discretionary trusts are

    oten used to git assets to

    grandchildren, as the lexible

    nature o these trusts allows

    the settlor to wait and see how

    they turn out beore making

    outright gits.

    Discretionary trusts also allow

    or changes in circumstances,

    such as divorce, re-marriage

    and the arrival o childrenand stepchildren ater the

    establishment o the trust.

    When any discretionary trust

    is wound up, an exit charge

    is payable o up to 6 per cent

    o the value o the remaining

    assets in the trust, subject to

    the relies or business and

    agricultural property.

    Accumulation andmaintenance trustAn accumulation and

    maintenance trust is used to

    provide money to look ater

    children during the age o

    minority. Any income that isnt

    spent is added to the trust

    property, all o which later

    passes to the children.

    In England and Wales the

    beneciaries become entitled

    to the trust property when they

    reach the age o 18. At that point

    the trust turns into an interest in

    possession trust. The position is

    dierent in Scotland, as, once abeneciary reaches the age o 16,

    they could require the trustees to

    hand over the trust property.

    Accumulation and maintenance

    trusts that were already

    established beore 22 March

    2006, and where the child is

    not entitled to access the trust

    property until an age up to 25,

    could be liable to an Inheritance

    Tax charge o up to 4.2 per cent

    o the value o the trust assets.

    It has not been possible to

    create accumulation and

    maintenance trusts trust since

    22 March 2006 or Inheritance

    Tax purposes. Instead, they

    are taxed or Inheritance Tax as

    discretionary trusts.

    Mixed trustA mixed trust may come about

    when one beneiciary o anaccumulation and maintenance

    trust reaches 18 and others are

    still minors. Part o the trust

    then becomes an interest in

    possession trust.

    Trusts orvulnerable personsThese are special trusts,

    oten discretionary trusts,

    arranged or a beneiciary

    who is mentally or physicallydisabled. They do not suer

    rom the Inheritance Tax

    rules applicable to standard

    discretionary trusts and can

    be used without aecting

    entitlement to state beneits;

    however, strict rules apply.

    Tax on incomerom UK trustsTrusts are taxed as entities

    in their own right. The

    beneiciaries pay tax separately

    on income they receive rom

    the trust at their usual tax

    rates, ater allowances.

    Taxation o propertysettled on trustsHow a particular type o trust

    is charged to tax will depend

    upon the nature o that trust

    and how it alls within the

    taxing legislation. For example,

    a charge to Inheritance Tax may

    arise when putting property

    into some trusts, and on

    other chargeable occasions

    or instance, when urther

    property is added to the trust,

    on distributions o capital rom

    the trust or on the ten-yearly

    anniversary o the trust.

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

    Trusts are verycomplicated, and

    you may have to payInheritance Tax and/or Capital Gains Taxwhen putting propertyinto the trust. Iyou want to createa trust you shouldseek proessionaladvice.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    19/2819A Guid to Inhritanc Tax - 2009/2010

    UK trusts

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    20/28A Guid to Inhritanc Tax - 2009/201020

    Exemptions

    Important

    xmptionsLegally passing your estate without it being subject to Inheritance TaxThere are some

    important

    exemptions

    that allow you

    to legally passyour estate

    on to others,

    both beore

    and ater your

    death, without it

    being subject to

    Inheritance Tax.

    Exempt benefciariesYou can giv things away to

    crtain popl and organisations

    without having to pay any

    Inhritanc Tax. Ths gits,

    which ar xmpt whthr you

    mak thm during your litim

    or in your will, includ gits to:

    n your husband, wi or civil

    partnr, vn i your

    lgally sparatd (but not i

    youv divorcd or th civil

    partnrship has dissolvd),

    as long as you both hav a

    prmannt hom in th UK

    n UK charitis

    n som national institutions,

    including national musums,univrsitis and th

    National Trust

    n UK political partis

    But, bar in mind that gits to

    your unmarrid partnr or a

    partnr with whom youv not

    ormd a civil partnrship arnt

    xmpt.

    Exempt gits

    Som gits ar xmpt romInhritanc Tax bcaus o th

    typ o git or th rason or

    making it. Ths includ:

    n Wdding gits/civil

    partnrship crmony gits

    Wdding or civil partnrship

    crmony gits (to ithr o

    th coupl) ar xmpt rom

    Inhritanc Tax up to crtain

    amounts:

    n parnts can ach giv 5,000

    n grandparnts and othr

    rlativs can ach giv 2,500

    n anyon ls can giv 1,000

    You hav to mak th git on or

    shortly bor th dat o th

    wdding or civil partnrship

    crmony. I it is calld o and

    you still mak th git, thisxmption wont apply.

    Small gitsYou can mak small gits, up to

    th valu o 250, to as many

    popl as you lik in any on tax

    yar (6 April to th ollowing

    5 April) without thm bing

    liabl or Inhritanc Tax.

    But you cant giv a largr sum

    500, or xampl and claimxmption or th irst 250.

    And you cant us this xmption

    with any othr xmption whn

    giving to th sam prson. In

    othr words, you cant combin

    a small gits xmption with

    a wdding/civil partnrship

    crmony git xmption and

    giv on o your childrn 5,250

    whn thy gt marrid or orm a

    civil partnrship.

    Annual exemptionYou can giv away 3,000 in

    ach tax yar without paying

    Inhritanc Tax. You can carr y

    orward all or any part o th

    3,000 xmption you dont us

    to th nxt yar but no urthr.

    This mans you could giv away

    up to 6,000 in any on yar

    i you hadnt usd any o yourxmption rom th yar bor.

    You cant us your annual

    xmption and your small gits

    xmption togthr to giv

    somon 3,250. But you can

    us your annual xmption

    with any othr xmption,

    such as th wdding/civil

    partnrship crmony git

    xmption. So, i on o your

    childrn marris or orms a civilpartnrship you can giv thm

    5,000 undr th wdding/

    civil partnrship git xmption

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    21/2821A Guid to Inhritanc Tax - 2009/2010

    Exemptions

    and 3,000 undr th annual

    xmption, a total o 8,000.

    Gits that are parto your normalexpenditureAny gits you mak out o

    your atr-tax incom (but not

    your capital) ar xmpt rom

    Inhritanc Tax i thyr part

    o your rgular xpnditur.

    This includs:

    n monthly or othr rgular

    paymnts to somon,

    including gits or

    Christmas, birthdays or

    wdding/civil partnrship

    annivrsaris

    n rgular prmiums on a li

    insuranc policy (or you or

    somon ls)

    Its a good ida to kp a

    rcord o your atr-tax incom

    and your normal xpnditur,

    including gits you mak

    rgularly. This will show that

    th gits ar rgular and that

    you hav nough incom to

    covr thm and your usual

    day-to-day xpnditur

    without having to draw on

    your capital.

    Maintenance gitsYou can also mak Inhritanc

    Tax-r maintnanc

    paymnts to:

    n your husband or wi

    n your x-spous or ormr

    civil partnr

    n rlativs who ar

    dpndnt on you bcaus

    o old ag or inirmity

    n your childrn (including

    adoptd childrn and stp-

    childrn) who ar undr

    18 or in ull-tim ducation

    Potentially exempttransersI you, as an individual, mak

    a git and it isnt covrd by

    an xmption, it is known as a

    potntially xmpt transr (PeT).

    A PeT is only r o Inhritanc

    Tax i you liv or svn yars

    atr you mak th git.

    Gits that count as a PeT ar

    gits that you, as an individual,

    mak to:

    n anothr individual

    n a trust or somon who is

    disabld

    n a bravd minors trustwhr, as th bniciary

    o an Intrst In Possssion

    (IIP) trust (with an

    immdiat ntitlmnt

    ollowing th dath o th

    prson who st up th

    trust), you dcid to giv

    up th right to rciv

    anything rom that trust or

    that right coms to an nd

    or any othr rason during

    your litim

    Only outright gitscount as PETsI you mak a git with strings

    attachd (tchnically known

    as a git with rsrvation o

    bnit), it will still count as

    part o your stat, no mattr

    how long you liv atr making

    it. For xampl, i you giv

    your hous to your childrn

    and carry on living thr

    without paying thm a ull

    commrcial rnt, th valu o

    your hous will still b liabl

    or Inhritanc Tax.

    In som circumstancs a git

    with strings attachd might giv

    ris to an Incom Tax charg on

    th donor basd on th valu

    o th bnft thy rtain. In

    this cas th donor can choos

    whthr to pay th Incom Tax

    or hav th git tratd as a git

    with rsrvation.

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    22/28A Guid to Inhritanc Tax - 2009/201022

    Giting

    A git with rsrvationMaking sure the git is not a git or Inheritance Tax purposesA git with reservation is a git that is not ully given away. Wheregits with reservation were made on or ater 18 March 1986, you caninclude the assets as part o your estate but there is no seven yearlimit as there is or outright gits. A git may begin as a git withreservation but some time later the reservation may cease.

    In order or a git to be eective or

    exemption rom Inheritance Tax,

    the person receiving the git must

    get the ull benet o the git to

    the total exclusion o the donor.

    Otherwise, the git is not a git or

    Inheritance Tax purposes.

    For example, i you give your

    house to your child but continue

    to live there rent ree, that would

    be a git with reservation. I, atertwo years, you start to pay a

    market rent or living in the house,

    the reservation ceases when you

    rst pay the rent. The git then

    becomes an outright git at that

    point and the seven year period

    runs rom the date the reservation

    ceased. Or a git may start as an

    outright git and then become a

    git with reservation.

    Alternatively, i you give your house

    to your child and continue to live

    there but pay ull market rent, there

    is no reservation. I over time youstop paying rent or the rent does

    not increase, so it is no longer

    market rent, a reservation will occur

    at the time the rent stops or ceases

    to be market rent.

    The value o a git or Inheritance

    Tax is the amount o the loss to

    your estate. I you make a cash

    git, the loss is the same value as

    the git. But this is not the case

    with all gits.

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

    The value o a git

    or Inheritance Tax

    is the amount o

    the loss to your

    estate. I you makea cash git, the loss

    is the same value

    as the git. But this

    is not the case with

    all gits.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    23/2823A Guid to Inhritanc Tax - 2009/2010

    Protecting wealth

    The personal representative (the person

    nominated to handle the aairs o the

    deceased person) arranges to pay any

    Inheritance Tax that is due. You usuallynominate the personal representative in

    your will (you can nominate more than

    one), in which case they are known as

    the executor. I you die without leaving

    a will a court can nominate the personal

    representative, in which case they are

    known as the administrator.

    I you have been nominated as someonespersonal representative you have to value

    all o the assets that the deceased person

    owned. This valuation must accurately refect

    what the assets would reasonably etch in

    the open market at the date o death.

    In most cases, Inheritance Tax must be

    paid within six months rom the end o

    the month in which the death occurs,

    otherwise interest is charged on theamount owing. Tax on some assets,

    including land and buildings, can be

    deerred and paid in instalments over ten

    years.

    Arranging to payInhritanc Tax

    Forms you need to complete

    Who will handle your aairs?

    If the estate is unlikely to be subject to Inheritance Tax (an excepted estate)

    Country in which the Required orms or excepted estatesdeceased person lived

    England Form IHT205 and orm PA1 -application or probate

    Scotland Form C1 (Inventory) and orm C5 ithey died on or ater 6 April 2004; ithey died beore this date orm C1 only

    Northern Ireland Form IH205 only

    If the estate is likely to be subject to Inheritance Tax

    In this case you complete orm IHT400 plus any relevant supplementary orms (these

    are indicated on the IHT400).

    You also complete:

    n orm IHT421 Probate summary i the deceased person lived in England, Wales or

    Northern Ireland

    n probate application orm PA1 i the deceased lived in England or Wales

    n orm C1 Inventory i the deceased lived in Scotland

    (In Northern Ireland you only complete a probate application form at interview.)

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

    In most cases, InheritanceTax must be paid within six

    months rom the end o the

    month in which the deathoccurs, otherwise interest ischarged on the amount owing.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    24/28A Guid to Inhritanc Tax - 2009/201024

    Solutions

    Protctingyour walthMaking the most o dierent solutions

    Decreasing term assuranceDecreasing term assurance can

    be arranged to cover a potential

    Inheritance Tax liability and

    used as a Git Inter Vivos policy.

    This is a type o decreasing term

    plan that actually reduces at

    the same rate as the chargeable

    Inheritance Tax on an estate as

    a result o a Potentially Exempt

    Transer (PET).

    For example, i you git part oyour estate away beore death,

    then that part is classed as a PET,

    meaning that or a period o seven

    years there could be tax due on

    the transer. This amount o tax

    reduces by a set amount each year

    or seven years.

    The Git Inter Vivos plan is

    designed to ollow that reduction

    to ensure suicient money is

    available to meet the bill i theperson who gited the estate

    dies beore the end o the seven-

    year period.

    Such policies should be written in

    an appropriate trust, so that the

    proceeds all outside your estate.

    Business andagricultural propertyBusiness and agricultural property

    are exempt rom Inheritance Tax.

    Business Property relie: To

    qualiy, the property must be

    relevant business property and

    must have been owned by thetranseror or the period o two

    years immediately preceding

    death. Where death occurred ater

    10 March 1992, relie is given by

    reducing the value o the asset

    by 100 per cent. Prior to 10 March

    1992, the relie was 50 per cent.

    Agricultural Property relie:

    Agricultural property is dened

    as agricultural land or pasture

    and includes woodland and anybuildings used in connection with

    the intensive rearing o livestock

    or sh i the woodland or building

    is occupied with agricultural land

    or pasture and the occupation is

    ancillary to that o the agricultural

    land or pasture; and also includes

    such cottages, arm buildings and

    armhouses, together with the

    land occupied with them as are

    o a character appropriate to the

    property. Where death occurred

    ater 10 March 1992, relie is

    given by reducing the value o the

    property by 100 per cent (certain

    conditions apply). Prior to thatdate the relie was 50 per cent.

    Woodlands relieThere is a specic relie or transers

    o woodland on death. However, this

    has become less important since the

    introduction o 100 per cent relie or

    businesses that qualiy as relevant

    business property.

    Where an estate includes woodlands

    orming part o a business, businessrelie may be available i the ordinary

    conditions or that relie are satised.

    When a woodland in the United

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    25/2825A Guid to Inhritanc Tax - 2009/2010

    Solutions

    Kingdom is transerred on death, the

    person who would be liable or the tax

    can elect to have the value o the timber

    that is, the trees and underwood (but

    not the underlying land) excluded

    rom the deceaseds estate.

    I the timber is later disposed o, its

    value at the time will be subject to

    Inheritance Tax. Relie is available i:

    n an election is made within two years

    o the death, though the Board o HM

    Revenue & Customs have discretion

    to accept late elections, and

    n the deceased was the benecial

    owner o the woodlands or at least

    ve years immediately beore deathor became benecially entitled to it

    by git or inheritance.

    The Pre-Owned Assets TaxPre-Owned Assets Tax (POAT), which

    came into eect on 6 April 2005,

    clamped down on arrangements

    whereby parents gited property to

    children or other amily members

    while continuing to live in the property

    without paying a ull market rent.

    POAT is charged at up to 40 per cent on

    the benet to an individual continuing

    to live in a property that they have

    gited but are not paying a ull rent, and

    where the arrangement is not caught by

    the Git with Reservation rules.

    So anyone who has eected such a

    scheme since March 1986 could all within

    the POAT net and be liable to an income tax

    charge o up to 40 per cent o the annualmarket rental value o the property.

    Alternatively, you can elect by

    31 January ollowing the end o the tax

    year in which the benet rst arises that

    the property remains in your estate.

    Rental valuations o the property must

    be carried out every ve years by an

    independent valuer.

    Inhritanc Tax acts

    Inheritance tax nilrate band and rates

    n 1 in 40 people in the UK inherit an average o

    17,500 each year. The total ater tax is 31bn.

    n The average estate leaves 90,000 net o taxand the average amount received by each

    individual is 17,500. This suggests that, on

    average, people share out their bequests

    among ve people. Some 10 per cent o

    beneciaries receive 50,000 or more. A

    urther 30 per cent receive 10,000 or more,

    enough to make a down-payment on a home or

    pay o a sizeable amount o a mortgage.

    n The amount raised rom Inheritance Tax during

    the 2006/07 tax year was 3.6bn.

    n An estimate or the 2007/08 tax year or the

    level o revenue raised rom Inheritance Tax is

    expected to be 4.1bn.

    n The individual threshold rom the current

    325,000 (2009/10 tax year) is set to increase

    by 7 per cent to 350,000 in 2010/11.

    n It is possible to pass the unused proportion o

    a nil-rate band to your spouse or civil partner

    or use in the uture.

    Sources: HM Revenue & Customs

    & International Longevity Centre UK 2008

    Inheritance Tax is charged at the ollowingrate on death:

    Inheritance Tax 2009/10 tax year

    Taxable value o your 325,000

    estate above which it

    is charged

    Rate at which it is 40 per cent

    charged

    There is a specifc relie

    or transers o woodland

    on death. However, this

    has become less important

    since the introduction

    o 100 per cent relie or

    businesses that qualiy as

    relevant business property.

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    26/28A Guid to Inhritanc Tax - 2009/201026

    Glossary

    Inhritanc Tax glossaryCommon estate planning terms

    Administration

    Dealing with the aairs andestate o a person who has died,

    including collecting their assets,

    paying their debts and paying

    the residue to the people who

    are to benet.

    AfdavitA document giving evidence

    which is sworn in ront o a

    solicitor or other person who can

    administer oaths.

    Agricultural PropertyRelie (APR)Relie rom Inheritance Tax

    or the agricultural value o

    some arms and armhouses

    (the value i the land and

    buildings could only be used

    or agricultural purposes

    and not the open market

    value). Various conditions

    apply, including a minimum

    ownership period.

    BenefciaryA person or organisation who

    will receive assets rom the

    estate o the deceased.

    Bequests and Legacies

    Bequests and legacies arenames or gits let in a will.

    BusinessProperty RelieRelie rom Inheritance Tax or

    businesses; a minimum ownership

    period applies and the business or

    interest in the business must ull

    the conditions.

    Capital Gains TaxThis is tax which may be payable

    on a disposal (or example whenyou sell an asset) i you make

    a chargeable gain. Usually you

    have made a gain i the asset

    is worth more at disposal than

    it was when you acquired it.

    A disposal is not only a sale

    or moneys worth. You will

    only pay Capital Gains Tax on

    capital monies (monies that you

    received) that do not orm part

    o your income. The tax applies

    not to the value o the asset butto the increase in value.

    CaveatA notice entered at the Probate

    Registry or example, i you

    have entered a caveat you willbe warned beore any Grant o

    Representation is issued.

    ChattelsAssets o a person other than

    land or example, jewellery,

    ornaments, clothes, cars,

    animals, urniture and so on.

    CharityA charity is an organisation that

    has as its aim purposes which

    are exclusively charitable (asrecognised by law), such as the

    relie o poverty or promoting

    education. Charities can be

    structured in a variety o ways or

    example, as a company with a

    board o directors or as a trust und

    with a board o trustees. Charities

    must be or the public benet.

    Most charities must register

    with the Charities Commission.

    Charities are strictly regulated.

    CodicilAn addition to a will which may

    change, modiy, delete, extend

    or add to a will.

    Deed o Variation

    A document that can vary thedivision o a persons estate

    ater they have died, either by

    changing their will retrospectively

    or altering the persons entitled

    on an intestacy (where there is no

    will or the beneciaries no longer

    exist). This must be done within

    two years o the persons death.

    Discretionary TrustsA trust where the trustees can

    choose which beneciaries (i

    any) should receive income and/or capital.

    DomicileYour domicile will aect

    whether you pay Inheritance

    Tax on particular assets and can

    aect how much Inheritance

    Tax you pay. Domicile is not the

    same as residence.

    Estate

    All the property and assets othe person who has died.

    ExecutorThis is the personal

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    27/2827A Guid to Inhritanc Tax - 2009/2010

    Glossary

    representative (see below) who

    has been appointed by the will

    or codicil.

    GuardianA guardian will have parental

    responsibility or any child

    (under 18) o whom they are

    named guardian. Parental

    responsibility means legalauthority to act in relation to

    a child on such matters as

    medical care, where they are

    to live, their education and

    what surname they should be

    known by. Guardians may be

    appointed by a parent who

    has parental responsibility, an

    existing guardian or the Court.

    I you name a guardian in your

    will, the appointment may not

    take eect i your child has a

    surviving parent with parental

    responsibility.

    Inheritance TaxA tax on the value o a persons

    estate on their death and also on

    the value o certain gits made

    by an individual during their

    lietime. You may be subject

    to Inheritance Tax on all your

    assets everywhere in the world

    i you are domiciled in England

    & Wales. Inheritance Tax alsoapplies to most types o trusts

    and may be charged when

    assets are added to or leave

    the trusts and on the ten-yearly

    anniversaries o the trusts

    creation.

    Intestate/IntestacyThe rules that govern where a

    persons estate is to pass and

    who can deal with the estate in

    the absence o a will.

    Joint TenancyA way o co-owning land and

    other property. On the death

    o one o the co-owners, the

    other takes their share by

    survivorship. For example,

    i you and your spouse own

    your home as joint tenants it

    will automatically pass to the

    surviving spouse when one o

    you dies. Your share o your

    house will not be part o your

    estate as it passes automatically.

    Letters oAdministrationA grant o representation where

    there is no valid will, or there is a

    will but no executor appointed.

    Lie TenantThis is a person who is entitled

    to benet rom a trust during

    their lietime. They cannot have

    the capital in the trust und; they

    are entitled only to the income

    or enjoyment o the property. For

    example, i the trust und was a

    house, the beneciary would be

    entitled to live there.

    Personal RepresentativeThe person who is dealing with

    the administration o the estate

    o the person who has died.

    Potentially Exempt

    Transer (PET)This is an outright git by an

    individual to another individual

    or certain types o trusts. I

    the giver (donor) survives

    the git by seven years it will

    become completely exempt

    rom Inheritance Tax, and will

    be outside the donors estate

    or the purposes o calculating

    Inheritance Tax.

    Power o AttorneyThis is a ormal document givinglegal authority rom one person

    (the donor) to another (the

    attorney) so that the Attorney may

    act on behal o their principal.

    Power o Attorney may be an

    ordinary General Power or it may

    be a Lasting Power o Attorney.

    Lasting Power oAttorneyA Lasting Power o Attorney

    can relate to your property and

    aairs or your personal welare,i.e. decisions about your medical

    treatment. In order to make a

    Lasting Power o Attorney you

    must have mental capacity to do

    so, which must be certied by a

    certicate provider. An ordinary

    General Power o Attorney will

    come to an end i you lose your

    mental capacity but a Lasting

    Power o Attorney will not.

    Probate (Grant o)The Proving o a will by sendingit to the Probate Registry.

    ResidueThe remainder o the estate o

    the person who has died ater all

    their debts have been paid and

    any specic gits they made under

    their will have also been paid.

    Revocation (o will)This is the process by which

    someone cancels or takesback a will (or codicil) made

    previously when they no

    longer intend that will to take

    eect. The Testator (person

    who made a will or codicil)

    must have mental capacity to

    revoke the will (or codicil). The

    eect o revocation is that any

    earlier will is resurrected and

    will take eect as i the later

    cancelled will does not exist. I

    there is no previous will thenthe person revoking their will

    becomes intestate. Most new

    wills contain an explicit clause

    stating that they revoke any

    previous wills. There are ormal

    requirements or revocation o a

    will as there are or making a will.

    Statutory LegacyI a person dies intestate

    with a spouse or civil partner,

    the statutory legacy is the

    amount o the deceaseds

    estate that their spouse orcivil partner will receive. A

    common misconception is that

    the spouse or civil partner will

    automatically receive all o the

    estate o the person who has

    died intestate, but this is not

    necessarily the case i there

    are surviving children and it is

    thereore desirable to make a

    will to ensure that your spouse

    or civil partner inherits all that

    you intend them to take.

    Testator/TestatrixThe person making a will (male

    or emale).

    A TrustA legal relationship in which one

    or more persons hold property

    or the benet o others (the

    beneciaries). A trustee is the

    person who is acting in the trust

    and holds the property or the

    benet o someone else.

    A WillThe ormal document known as

    a testamentary disposition by

    which somebody conrms their

    wishes as to the division o their

    estate on death.

    NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY

  • 8/14/2019 Guide to Inheritance Tax Planning Autumn 09

    28/28

    Content o the articles eatured in this Inheritance Tax Guide is or your general inormation and use only and is not intended to address your particularrequirements. They should not be relied upon in their entirety and shall not be deemed to be, or constitute, advice. Although endeavours have beenmade to provide accurate and timely inormation, there can be no guarantee that such inormation is accurate as o the date it is received or that it willcontinue to be accurate in the uture. No individual or company should act upon such inormation without receiving appropriate proessional advice

    ater a thorough examination o their particular situation. We cannot accept responsibility or any loss as a result o acts or omissions taken in respecto any articles. Thresholds, percentage rates and tax legislation may change in subsequent Finance Acts.