4 - Inheritance Tax (C) Flashcards

C Reliefs

1
Q

What are the 3 main reliefs available for IHT?

A

Business relief, agricultural relief and woodlands relief

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2
Q

How long does business property need to be owned for before business relief becomes available?

A

2 years

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3
Q

100% business relief is available for which type of businesses?

A

Unincorporated (such as partnerships and sole traders) and unquoted and AIM companies

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4
Q

What IHT business relief is available for EIS, SEIS and VCTs?

A

100% usually for EIS and SEIS after holding for 2 years, but nothing on VCT

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5
Q

If a sole trader dies and leaves the whole business to her son, what is the IHT position?

A

Not liable, but not exempt. Instead 100% business relief is used.

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6
Q

50% business relief is available for which type of businesses?

A

Controlling shareholdings in listed companies
Land, buildings, plant and machinery used mainly in connected with the company controlled by the donor”

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7
Q

Which type of property is included and excluded for agricultural relief?

A

Land, crops and farm buildings. Not animals or equipment.
Turn the farm upside and anything that falls off the surface does not qualify!

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8
Q

If agricultural relief is not based on the developmental value of the land, what is it based on instead?

A

Agricultural value

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9
Q

Agricultural relief is available at 50% and 100%. When do each apply?

A

100% owner-occupied farms and farm tenancies
50% interests of landlords in let farmland”

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10
Q

When is the 50% agricultural relief increased to 100% for land let tenancies?

A

Tenancies exceeding 12 months that started after 31 August 1995.

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11
Q

Agricultural relief does not apply to property that is subject to a binding contract for sale. True or false?

A

TRUE

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12
Q

When agricultural relief and business relief are both available, which is given first?

A

Agricultural

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13
Q

What must be grown for woodland relief to be available?

A

Timber

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14
Q

Woodlands relief applies to both the land and the timber grown on it. True or false?

A

False, just the timber. But the land could qualify for agricultural relief instead.

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15
Q

What is the main purpose of the available business, woodlands and agricultural relief?

A

To avoid the family business and/or partnership being split up/sold to pay IHT

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16
Q

What the business relief rates on the following:
1. Whole or part of an unincorporated business
2. Shares in an unquoted trading company
3. A controlling share holding in a quoted company
4. Property used in a trade by a company controlled by the donor or partnership in which the donor is a partner

A
  1. Whole or part of an unincorporated business = 100%
  2. Shares in an unquoted trading company = 100%
  3. A controlling share holding in a quoted company = 50%
  4. Property used in a trade by a company controlled by the donor or partnership in which the donor is a partner = 50%
17
Q

What are the 2 rates of business relief available?

A

100% and 50%

18
Q

What is the 2 and 7 year rule surrounding the transfer of agricultural property for agricultural relief purposes?

A

You have to have occupied the property for agricultural purposes for at least 2 years before transferring it, or owened if for 7 years with others farming on it

19
Q

If woodland relief only covers the timber grown on the land, what other relief could be available for the land its grown on?

A

Agricultural

20
Q

Which relief allows IHT to be deferred until timber has been sold on woodland?

A

Agricultural

21
Q

When is quick succession relief available?

A

When the property in the deceased’s estate had passed to them by a chargeable transfer in the five years before the death, and therefore charged twice for IHT

22
Q

Can shares qualify for business relief?

A

Yes