4 - Inheritance Tax (A) Flashcards

A Basic principles of inheritance tax

1
Q

What is IHT charged on?

A

Certain transfers of property or value

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2
Q

What is the current IHT nil rate band?

A

£325,000

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3
Q

What rate of IHT is paid on transfers of over the current NRB threshold, on or within 7 years of death?

A

40% over £325,000 (NRB)

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4
Q

A reduced rate of tax is applied on transfers of property or value over the current NRB threshold, in which circumstances and what is the rate?

A

A reduced rate of 36% applies to an estate where at least 10% of the net estate is left to a UK charity.

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5
Q

What rate of IHT is paid on ‘other chargeable lifetime transfers’, e.g. payments into discretionary and most other trusts, when over the current NRB threshold?

A

20% over £325,000

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6
Q

What happens to unused NRBs?

A

Can be transferred to the estate of a surviving spouse or civil partner

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7
Q

What is the current IHT RNRB?

A

£175,000

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8
Q

What is the main purpose of the RNRB?

A

To protect the family property, at least partially

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9
Q

RNRB can only be set against the chargeable estates of those who died on or after which date?

A

6 April 2017

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10
Q

RNRB is only available where a home is inherited on death by whom?

A

Direct descendants (including step children, adopted children and foster children)

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11
Q

What happens to unused RNRBs?

A

They can be transferred to a surviving spouse or civil partner – even if the first spouse or civil partner died before 6 April 2017.

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12
Q

What must first be deducted before calculating the value of a property for IHT purposes?

A

Mortgages

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13
Q

If a property is valued at £150,000 for the sake of valuation to use RNRB, what RNRB would be available?

A

£150,000, you don’t get to use the full £175,000 if the property isn’t worth this

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14
Q

The RNRB is not available against lifetime transfers becoming chargeable as a result of the donor’s death within how many years?

A

7

In short, this means that if you’re deducting CLTs in a calculation, you deduct the value of them from the NRB, and not the RNRB.

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15
Q

There is a tapered withdrawal of the RNRB for estates with a net value of more than how much? And what is the tapered withdrawal amount?

A

£2 million (after deducting any liabilities but before reliefs and exemptions).
The withdrawal is at the rate of £1 for every £2 over the taper threshold.

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16
Q

If a property is left to a discretionary trust, and the direct descendants are beneficiaries, does the RNRB apply? Explain.

A

Not usually because the trustees (not the beneficiaries) would then own the property.

However, if it’s passed in trust with an IPDI, and direct descendants have an interest in possession, then RNRB applies.

RNRB is also potentially available if property passes to a trust for a disabled person or a trust for a minor.

17
Q

How does the cumulation principle for IHT work?

A

All chargeable transfers over a seven-year period are added together (accumulated) and tax is payable once the nil rate band is exceeded. A transfer drops out of the cumulation once it is more than seven years old.

18
Q

If a UK-domiciled individual owns property abroad, is this liable to IHT?

A

Yes, property all over the world

19
Q

If an individual is domiciled outs ode of the UK, which property is liable to IHT, UK or abroad?

A

UK only

20
Q

Which factors need to be met for an individual to be deemed domiciled in the UK for IHT purposes?

A

Resident in UK for at least 15 of last 20 tax years (deemed apply from 16th year)

Born in UK with UK domicile of origin and return to UK (becoming resident) having obtained domicile of choice elsewhere (and have also been resident in UK in at least one out of two last tax years)

21
Q

For IHT purposes, UK deemed domiciled status is lost when?

A

Once an individual has been nonresident for at least four consecutive tax years.

22
Q

Is an individual’s UK bank account subject to IHT when they die if they were domiciled and resident elsewhere?

A

No, it is left out for IHT purposes

23
Q

Are investmentsin government securities liable to IHT?

A

No

24
Q

What is a chargeable transfer?

A

A transfer of value made which is not exempt

25
Q

What is a transfer of value?

A

It is a reduction in the donor’s estate as a result of a transfer. i.e you are transferring value away from the estate.

26
Q

When is an interest-free loan not a transfer of value?

A

If it is repayable on demand or on death

27
Q

What are the 3 types of ‘transfer of value’?

A
  1. Exempt transfers
  2. Potentially exempt transfers (PETs)
  3. Chargeable lifetime transfers (CLTs)
28
Q

At what point are the 3 types of ‘transfers of value’ taxed and by how much?

A
  1. Exempt transfers - never
  2. Potentially exempt transfers (PETs) - become exempt if donor survives 7 years, so potentially never
  3. Chargeable lifetime transfers (CLTs) - potentially immediately at 20% (25% if liability is met by the donor)
29
Q

Pension death benefits are exempt or liable to IHT?

A

Exempt, but will form part of your survivors estate