Ilyas Patel Accountants in Preston
Ilyas Patel Accountants in Preston
Managing Inheritance Tax (IHT) can be challenging.
With the right strategies, however, it’s possible to significantly mitigate the impact of this tax on your estate before and after you pass.
This guide offers detailed insights and practical advice on how to reduce your IHT liability, ensuring your wealth is protected and passed on according to your intentions.
(Read Time: Approx. 14 minutes)
Inheritance Tax remains one of the least popular forms of taxation in the UK, and its impact can be profound.
As of the 2021-22 tax year, the government collected £6.1 billion in IHT, reflecting a 14% increase from the previous year.
Forecasts suggest this figure could rise to £8.3 billion by 2026 due to the freezing of the nil-rate bands and increasing asset values. Here’s some methods to strategically reduce your IHT liability.
The threshold for IHT is set at £325,000, above which assets are taxed at 40%.
Chancellor Jeremy Hunt announced that the IHT nil-rate bands will remain unchanged until 2028.
This freeze, consistent since 2009, is expected to bring an additional 10,000 families into the scope of IHT each year as asset values rise.
One of the simplest ways to reduce your IHT liability is through gifting. The UK allows you to gift up to £3,000 per year tax-free.
Additionally, gifts of £5,000 to children and £2,500 to grandchildren for weddings are exempt from IHT.
It’s crucial to note that these gifts need to be made at least seven years before your death to avoid IHT; otherwise, they will still be considered part of your estate.
Contributing to a pension can also help reduce your IHT liability. Pensions are not typically considered part of your estate for IHT purposes, which means you can pass on your pension funds to your beneficiaries without IHT being due.
Different rules may apply if you die after age 75.
Investments in AIM shares that qualify for Business Property Relief (BPR) can be exempt from IHT if held for at least two years.
This can be a valuable way to pass on more of your wealth to your family, particularly if you own a family business.
Creating a trust can be an effective way to manage and protect your assets while minimising IHT exposure.
By placing assets in a discretionary trust, they are no longer considered part of your estate for IHT purposes.
This is particularly useful if you feel your beneficiaries are too young to handle their inheritance, or if you want to provide for them over a longer period.
Making charitable donations can also reduce your IHT rate.
If you donate at least 10% of your estate to charity, the IHT rate on the rest of your estate reduces from 40% to 36%.
This not only benefits the charities but also reduces the tax burden on the remaining estate.
Inheritance Tax can significantly erode generational wealth, but savvy estate planning techniques like ‘Generation Skipping’ can help preserve more of your wealth for future generations.
This method not only saves money but can also align better with modern family financial needs, where direct descendants may not rely solely on inheritance from immediate predecessors.
Generation Skipping involves passing wealth directly to your grandchildren or even further down the generational line, thereby skipping your children.
This strategy reduces the number of times wealth is taxed as it passes down through the generations.
Typically, every transfer between generations can trigger a significant IHT event. By skipping a generation, you reduce these events and, consequently, the overall tax burden on the family’s wealth.
The O’Tinga family scenario demonstrates the stark differences in tax implications between traditional inheritance methods and generation skipping.
Great-Grandfather O’Tinga amassed £100,000, which is subjected to a 40% IHT upon his death.
The sequential inheritance through four different generations sees the £100,000 reduced to £21,600 due to repeated IHT applications.
Alternatively, if Great-Grandfather O’Tinga had chosen to skip a generation and directly pass the wealth to a later generation, the total IHT could be significantly less, preserving more wealth within the family.
While some families opt for a straightforward generational skip, others might use varied wills or trusts to achieve similar goals.
A will variation can redirect inheritance directly to a more distant generation posthumously, with consent from all beneficiaries.
This flexibility can be particularly advantageous if the intermediate generation is financially secure and does not need the inheritance immediately.
Trusts offer a sophisticated way to manage and distribute family wealth across multiple generations without multiple IHT charges.
By placing assets in a trust, they can be earmarked for future generations without making them part of anyone’s direct estate, thereby avoiding repeated IHT liabilities.
However, trusts are monitored by periodic and exit charges, which can still apply, albeit generally at a lower rate than the 40% IHT.
Trusts can be designed to last up to 120 years, allowing wealth to be held across several generations.
This long-term approach can be particularly beneficial for maintaining family assets intact and providing for future generations without the immediate tax penalties of direct transfers.
Nevertheless, the tax efficiency of using trusts for generation skipping depends significantly on the timing of distributions and the lifespan of the trust.
When planning your estate and considering gifting property to your loved ones, understanding the implications of Inheritance Tax (IHT) and the complexities of Gift with Reservation of Benefits (GROB) rules is crucial.
These rules play a pivotal role in determining how property gifts can be structured to minimise tax liabilities.
The Gift with Reservation of Benefits (GROB) rule addresses situations where an asset, particularly real estate or high-value items like artwork, is given away but the donor retains some benefit from it.
This could include continuing to live in a gifted property, or still making use of gifted items given to a relative.
Under these circumstances, the IHT advantages typically associated with gifting are negated unless certain conditions are met, highlighting the delicate balance required in estate planning.
If you gift a property but continue to live in it without adequately compensating the new owner, the property might still be considered part of your estate for IHT purposes.
This could result in a significant tax burden on your heirs, contrary to the goals of estate planning.
For a property gift to be fully exempt from your estate concerning IHT, you must survive for seven years after the transfer.
This rule intends to prevent last-minute asset transfers to avoid tax.
When gifting property, the burden of proof lies heavily on demonstrating that the transfer was genuine, and that the donor has effectively relinquished all benefits from the gifted asset.
Evidence such as utility bills, council tax records, and personal accounts of occupancy must clearly show that the donor no longer benefits from the property.
This documentation is vital in establishing the legitimacy of the gift for IHT purposes.
In a practical case, Colin gifts his property to his granddaughter Lily but continues living there, paying market-rate rent established through a formal lease.
This arrangement is meticulously documented to reflect a legitimate tenant-landlord relationship rather than a reservation of benefit.
Such careful documentation ensures that the property is excluded from Colin’s estate for IHT purposes, provided he survives the required seven years post-transfer.
The rigorous scrutiny by HMRC of such gifts necessitates thorough planning and undeniable evidence of the gift’s authenticity.
HMRC’s capability to challenge these arrangements after the donor’s death underscores the need for foresight in your documentation.
Inheritance Tax (IHT) considerations for married couples are crucial in estate planning, particularly when it comes to managing joint assets and planning for future liabilities.
Understanding how IHT applies and optimising the potential tax efficiencies can greatly impact the financial legacy left to heirs.
IHT is charged not only at the time of death but also on certain transfers made during an individual’s lifetime, known as ‘chargeable transfers’.
These transfers can significantly affect the value of the estate left behind and, consequently, the IHT due.
Assets transferred into trusts or as gifts during one’s lifetime may become subject to IHT if the individual does not survive for seven years post-transfer.
Calculating IHT involves several steps, each critical in determining the final tax liability of an estate. Here’s a step-by-step breakdown:
For married couples, understanding how to leverage each spouse’s allowances and reliefs is crucial.
For example, ensuring that any gifts made are done so with the potential seven-year rule in mind can prevent unexpected tax liabilities.
Furthermore, if both partners’ NRBs are utilised efficiently, significant estate value can be shielded from IHT.
The Nil Rate Band (NRB) is a fundamental aspect of Inheritance Tax (IHT) planning, offering each individual a way to pass on wealth up to a certain threshold without incurring IHT.
For those preparing to leave gifts in their will, knowing how to utilise the NRB effectively can lead to significant tax savings and more efficient estate planning.
The NRB for IHT is set at £325,000 for the tax year 2023/24, meaning that any amount up to this threshold can be passed on tax-free upon death.
The rate of IHT on amounts above this threshold is typically 40%, making it crucial to plan how to use this band wisely to minimise potential tax liabilities
If you make a gift and survive for seven years after making it, the gift is usually exempt from IHT, regardless of its size.
However, if you die within seven years, the gift will count towards your NRB, and if the total gifted amount exceeds the NRB, the excess could be subject to IHT.
Taper relief reduces the tax rate on gifts given in the seven years before death, but it only applies if the total value of these gifts exceeds the £325,000 tax-free threshold.
The tax rate decreases as follows: 32% if the gift was made 3 to 4 years before death, 24% for 4 to 5 years, 16% for 5 to 6 years, 8% for 6 to 7 years, and there is no tax if the gift was made 7 or more years prior to death.
Understanding how gifts interact with the NRB is key to effective IHT planning.
Gifts that do not exceed the NRB within the seven years prior to death do not attract IHT, allowing for strategic gifting throughout one’s lifetime.
Beyond the NRB, every person can also use annual gifting allowances (e.g., £3,000 per year) and small gift exemptions to further reduce their taxable estate.
In addition to the standard NRB, the Residence Nil Rate Band provides an extra allowance to pass on a family home to direct descendants.
For the tax year 2023/24, this is set at £175,000 per person and remains unchanged until 2027-28.
If one spouse or civil partner does not use all their RNRB, the unused portion can be transferred to the surviving spouse or partner, potentially doubling the relief available when they pass away.
When Maria passed away, she left a house valued at £500,000 to her grandchildren.
Because she utilised her RNRB, the first £175,000 of the home’s value was exempt from IHT, significantly reducing the overall tax burden on the estate.
Trusts can also be used to manage how assets are passed on, potentially allowing for the application of the RNRB even if the direct descendant does not immediately inherit the home.
Additionally, deeds of variation can be employed posthumously to alter the beneficiaries of an estate to maximise the use of NRB and RNRB.
Effective use of the NRB and RNRB requires careful consideration and planning:
By implementing strategic inheritance tax planning, you can significantly reduce the tax liabilities of your estate.
Whether it’s making use of exemptions and reliefs, gifting property, or understanding the intricate rules of the Nil Rate Band and Generation Skipping, each method involves detailed knowledge of tax laws and proactive estate management.
The necessity to work with skilled tax professionals who can offer expert guidance and support cannot be overstated.
At Tax Expert, we are well-equipped to provide clarity and ensure compliance with all legal requirements, thereby helping you structure your estate to maximise benefits for your heirs while minimising potential tax liabilities.
For personalised advice and to explore the best options tailored to your unique situation, do not hesitate to get in touch with us.
Contact us today at 01772 788200 to find out more about how we can help, or WhatsApp us out-of-hours at 07787 010190.
Kind regards,
Ilyas Patel