IHT Flashcards

1
Q

Are foreign assets included in IHT?

A

Yes, if was UK domiciled

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2
Q

Which assets are included in IHT for non-UK domiciled individuals?

A

Only those within the UK

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3
Q

When will those not UK domiciled at death also have to pay IHT?

A

If they were resident for 10/past 20 tax years

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4
Q

What is the nil-rate band amount?

A

322k

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5
Q

What is standard IHT amount?

A

40%

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6
Q

What property is included in estate for IHT purposes?

A

GROBS

Property under will/intestacy

Share of joint tenancy (deemed severed at death for tax purposes)

Nominated property (e.g., national savings and friendly society)

Mortis causa

Life tenant of interest in position trust entitled to income (# amount in trust proportionate to the income proportion)

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7
Q

What property is excluded for IHT?

A

Remainderman dying before life tenant

Property which deceased was not beneficially entitled immediately before death (proceeds of life insurance, discretionary lump payments from pension fund)

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8
Q

If 2 non-spouses die at the same time, who is deemed to die first?

A

Oldest

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9
Q

If 2 spouses die at the same time, who is deemed to die first?

A

Spouse exemption applies but oldest still deemed to die first so the estate of the younger one is taxed

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10
Q

What is the date from which the estate will be valued?

A

Open market value immediately before death

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11
Q

How are quoted shares valued?

A

The lower of the 2 quoted prices on stock exchanges daily list plus 1/4 the difference between them

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12
Q

How are unquoted shares valued?

A

Expert assessment

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13
Q

How is interest in jointly/commonly held property assessed?

A

10-15% discount

*except if owned by spouse then there is no discount

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14
Q

What debts are deductible from estate value?

A

Tax, utility bills etc

Liability for damages in tort

Unpaid income tac and CGT on pre-death income

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15
Q

Can you deduct funeral costs e.g., tombstone from estate value?

A

Yes, if reasonable

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16
Q

Are estate administration costs deductible from the overall estate value?

A

No

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17
Q

How can you get a reduced IHT rate via charity?

A

If you leave at least 10% to charity of net there will be only 36% IHT

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18
Q

How does transferring nil rate band work?

A

If spouse dies first can transfer the unused portion

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19
Q

How is the amount of unused nil-rate calculated?

A

PERCENTAGE of unused amount is transferred

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20
Q

How much is the RNRB?

A

175k – increasing every year with CPI

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21
Q

Do you need to have kids to claim RNRB?

A

Yes, must have direct descendants

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22
Q

What is tapered withdrawal of RNRB?

A

Reduces by 1 pound for every 2 pounds over 2 million

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23
Q

Can you use the RNRB towards multiple properties?

A

No

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24
Q

Can you transfer unused RNRB to your spouse?

25
How is value of property calculated for RNRB purposes?
Market value at date of death MINUS mortgage
26
What is the spouse exemption?
Anything passing to spouse is 100% exempt from IHT
27
What happens when a spouse is not UK domiciled for spouse exemption?
Spouse exemption does not apply But they can elect to be treated as UK domiciled for IHT purposes
28
How does the spouse exemption work if they are left a life interest in a trust for income, capital remainder to children?
Whole trust is exempt under the spouse exemption
29
Gifts to which institutions are exempt?
Charities Political parties Public benefit For national purposes
30
What is the annual exemption?
3k gifts per tax year are exempt
31
How far forward can an annual exemption be carried?
Backdate only 1 year
32
What is the small gift exemption?
Unlimited number of gifts under 250 pounds can be made without IHT Cannot be combined with annual exemption
33
What are the marriage gifts?
Parents - 5k Grandparents + remoter = 2500 Non-relatives = 1k
34
What is a PET?
Transfer made prior to the 7 years prior to death
35
What happens to a PET if a transferor dies within 3 years?
Full rate
36
What happens if PET is made 3-4y before death?
80% of death rate charge (40%) = 32%
37
What happens if a PET is made 4-5y B4 death?
60% of death rate charge (40%) = 24%
38
What happens if a PET is made 5-6y B4 death?
40% of death rate charge (40%) = 16%
39
What happens if a PET is made 6-7y B4 death?
20% of death rate charge (40%) = 8%
40
When does quick succession relief apply?
When a person dies within 5 years of having received a chargeable transfer and that transfer increased the value of the estate and IHT was originally paid
41
How do you calculate QSR?
Deduct tax already paid on first transfer from the gross estate amount Divide that number by the gross estate amount Then multiply that by the amount of tax paid
42
How does the QSR relief taper
100% 1y 80% 1-2 60% 2-3 and so on
43
What happens iff QST exceeds IHT due?
Pay nothing
44
In what situations does QSR not apply?
When the 1st transfer fell under and exemption When was chargeable but not paid cause it was below threshold If not IHT was payable on the deceaseds death If transfer was more than 5y before the first donor
45
What are chargeable lifetime transfers?
E.G, transfers to trustees
46
What are the trustee transfer rates?
20% if recipient pays 25% if donor pays
47
What are the penalties for incorrect tax returns?
0-30% for careless mistakes 20 - 70% for deliberate errors 30-100% for deliberate errors with concealed assets
48
How is IHT calculated if specific gifts bear their own tax?
IHT apportioned amongst individuals using the estate rate
49
How is IHT calculated if treated as a testamentary expense?
Deducted from residue
50
How do you calculate the estate rate?
IHT payable/net taxable estate = a % that % is then applied to each gift etc
51
Who is liable for tax on chargeable transfers?
Generally the recipient IF NOT after 12mo PRs become liable
52
What is the deadline to submit IHT400?
12mo from death Lifetime transfers: 12mo from end of lifetime transfer
53
When is IHT usually due?
6mo after the end date of the month of death
54
Which propertys qualify for paying by installment?
Land Business interest Quoted/unquoted shares Minority shareholdings
55
When is the first instalment payment due?
60 from end of month of death
56
How many instalments are standard, is there interest?
10 Yes -- from the date tax is due
57
When is non-instalment IHT due?
On delivery of the account
58
When paying by instalments, when can the grant of probate be granted?
After 1st instalment is paid
59
What sequence to follow when calculating inheritance tax?
Value IHT estate (incl. joint property etc) Deduct liabilities Apply exemptions and reliefs (PET, QSR, BPR, GIFTS) Apply appropriate rate bands Pay IHT within 6m date of death