IHT Flashcards

1
Q

When is the extra IHT on GCTs on death due and who by?

A

6 months from the end of the month of death. Payable by donee

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2
Q

When is IHT on death estate due and by whom?

A

12 months from the end of month of death with interest chargeable from 6m from end of month of death

Payable by executors of estate

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3
Q

What are the rules to determine the value of quoted shares for IHT?

A

The lower of

  • the quarter up rule
    lower quoted price + 1/4 (higher quoted price - lower quoted price)
  • The average of the highest and lowest marked bargains on the day of the transfer
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4
Q

How do you value unquoted shares for IHT?

A

Value of holding prior to transfer
Less value of holding after transfer
= Transfer value

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5
Q

Indicate the amount to include in death estate for the following trusts

a) Deceased is covered by policy and the beneficiary is written into trust

b) Deceased is covered by policy but no beneficiary written into trust

c) Someone other than the deceased is covered by policy

A

a) Ignore in death estate as beneficiary will get proceeds automatically

b) Include proceeds in death estate

c) Include market value at date of death in death estate

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6
Q

How do you calculate the value of a related property asset (not shares) for IHT?

A

The higher of

  • stand alone value held by deceased
  • related value of property
    A/(A+B) * C
    where
    A = Standalone value
    B = value held by RP
    C = Value of whole property
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7
Q

How do you calculate the value of a related property asset (shares) for IHT?

A

The higher of

  • stand alone value held by donor before and after disposal
    no shares held before x value per share
    less
    no shares held after x value per share
  • related value of shares before
    (no shares held by donor + spouse / charity / political party) before transfer x value per share
    less
    (no shares held by donor + spouse / charity / political party) after transfer x value per share
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8
Q

What are the Quick Succession Relief formulas & in what situations can they be applied?

A

QSR is given if an asset/estate is taxed twice in a period of 5 years

Relief is deducted from the tax liability

QSR on the entire estate = Tax paid on the earlier transfer * (Net Gross Transfer/Gross Transfer) * Relevant %

QSR on a specific asset = (Tax paid on the first estate / Gross value of first estate ) * Net transfer * relevant %

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9
Q

In what situation can IHT be reduced to 36%?

A

If an individual dies and leaves 10% of net chargeable estate to charity

Net chargeable estate = Value of estate less exemptions & NRB but not less QCD & RNRB

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10
Q

When does a transfer qualify for Business Property Relief?

A

R relevant property*
O - ownership > 2Y
S - selling on contract denies relief
E - excepted assets* (BPR is restricted as some assets are not used for business)

Relevant property look in tax tables
Excepted assets, need to apply formula:
Net assets less investments / net assets

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11
Q

When does a transfer automatically not qualify for Business Property Relief?

A

If the company is not a trading co

There is a contract to sell the company

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12
Q

In what situations is Business Property Relief subject to a clawback clause?

A

If the donee

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13
Q

What are the domicile rules for IHT?

A

Deemed UK Domicile if any of the following apply;

  • Have been UK resident for 15/20 Y
  • Were UK dom at any time in past 3Y
  • Resident in current or past 3Y
  • Have a UK domicile of origin
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14
Q

What is the restriction of DTR on IHT?

A

Lower of o/s tax paid and UK tax paid

o/s tax paid given in Q

UK tax paid = IHT/Estate before NRB applied

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15
Q

How is the value of the overseas asset calculated in DTR for IHT?

A

Lower of 5% of MV or 5000

Asset is always included at MV at date of death

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16
Q

What is the general principle when valuing gifts for IHT?

A

The diminution in value principle.

Whether the gift has led to a change in value of the gift itself

17
Q

How do you value listed shares for IHT?

A

The lower of the 1/4 up rule or the average marked bargain

18
Q

How do you value property transactions to a related party for IHT? Who are the related parties in this rule?

A

Spouse/charity

Considered to have part of a larger holding

The higher of the value of the transfer for both the related and unrelated section and

19
Q

How do you value life assurance policies for IHT?

A

Need to consider whose life is assured & where the policy is paid out to

20
Q

What is the small gift exemption within IHT?

A

<£250/pp/per tax year
Cannot exempt part of a larger gift

21
Q

How much IHT is paid on lifetime gifts if donee pays vs if donor pays?

A

20% donee
25% donor

twenteee, doneee
quartor, donor

22
Q

What is the GCT?

A

Value of gift after exemption plus tax paid by donor

23
Q

What is not deductible when calculating value of death estate

A

No gambling debts
Promises to pay

24
Q

What is deductible when calculating value of death estate

A

Gifts to spouses, charities and political parties

25
Q

How do you deem the location of shares for IHT purposes?

A

Where the exchange is that they are listed on

26
Q

How are quoted shares valued for IHT purposes?

A

The lower of the 1/4 up and the average marked bargain

  • 1/4 up rule = Lower quoted price + 25%(higher qouted price less lower quoted price)
  • Average marked baragin = the average of the highest and lowest marked bargain prices
27
Q

What are the related property rules for IHT?

A

Usually applied to land held jiontly or unquoted shares

Related property is that which is transferred to the spouse, a charity or political party

Valued at the higher of;
* MV
* A / A+B * Value of related property
-Where A is MV of transfer
-B is MV of related property held by RP

28
Q
  1. If an individual dies owning a life assurance policy not written in trust, how is this dealt with on death?
  2. If an individual dies owning a life assurance policy written in trust, how is this dealt with on death?
  3. If an individual dies owning a life assurance policy of someone else’s life, how is this dealt with on death?
A
  1. Proceeds of policy is written into estate (not MV)
  2. The proceeds do not form part of death estate and no IHT chargeable
  3. MV is written into death estate (not the proceeds)
29
Q

What is the IHT payable on a CLT if the donor pays?

What is the IHT payable on a CLT if the donee pays?

A

25% if the donor pays

20% if the donee pays