3. Inheritance Tax Flashcards

1
Q

How are life assurance policies written in trust for a named beneficiary treated for IHT purposes?

A

They are NOT included in the estate for IHT purposes

A life assurance policy payable to the estate WOULD be included for IHT purposes

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2
Q

How is joint property treated for IHT purposes?

A

It is included in the estate for IHT purposes (however, just the share would be considered, i.e. half)

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3
Q

How does the valuation principle apply to jointly owned land?

A

To allow for difficulty selling a share, value may be discounted 10% for commercial building and 15% for residential property for IHT purposes (if spousal exemption doesn’t apply)

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4
Q

What are the relevant exemptions on death?

A

Spouse or civil partner exemption
Charity exemption
Business property relief
Agricultural property relief

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5
Q

If the transferee is domiciled in the UK but the transferor is not, what is the limit on the spousal exemption?

A

£325,00

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6
Q

What reduction is available on the transfer of unquoted shares?

A

100%

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7
Q

What reduction is available on the transfer of quoted shares?

A

50% IF transferor had voting control (50%+ of the votes) of company immediately before transfer

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8
Q

What are the relevant time limits for BPR?

A

Must have been owned for at least 2 years at the time of transfer

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9
Q

What is agricultural property relief?

A

Reduction of 100% allowed where transferor had right to vacant possession immediately before the transfer or where the property was subject to a letting commencing on or after 1 September 1995

Reduction of 50% allowed in other cases

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10
Q

When is the residence nil rate band applicable?

A

Where there is a “qualifying residential interest” i.e. house which was at some time deceased’s residence and forms part of the estate

This is “closely inherited” i.e. passing to direct descendent / current spouse or CP / widow of direct descendent (unless remarried)

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11
Q

What are the lifetime only exemptions available?

A

£3,000 each tax year with ability to carry one year forward
Small gifts of £250 or less to any one person in a tax year
Gifts in consideration of marriage - £5,000 by parent, £2,500 by remoter ancestor, £1,000 in any other case

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12
Q

What is the difference between PETs and LCTs?

A

PETs = transfer to a person
LCTs = transfer to trust/ company

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13
Q

If a PET was made within 7 years prior to death, what LCTs need to also be considered in cumulation?

A

Any LCTs made within the 7 years of making the PETs need to be taken into account

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14
Q

What are the deductions for tapering relief?

A

3-4 years = 80%
4-5 years = 60%
5-6 years = 40%
6-7 years = 20%

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15
Q

If IHT was paid on an LCT at the time, what happens on death?

A

IHT rate in lifetime would have been 20% - this is taken off the new calculation (which is 40% and considers cumulation and any PETs)

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16
Q

When is payment due for and IHT on PETs?

A

6 months after end of month of death

Liability to pay is on the transferee - PRs become liable if tax remains unpaid 12 months after end of the month of death

17
Q

When is payment due for any IHT on LCTs?

A

At time of transfer - 30 April on following year
Following death within 7 years - 6 months

Liability to pay is on the transferor/ trustee