Inheritance Tax 2 Flashcards

1
Q

What is the nil rate band?

A

£325,000

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2
Q

On which 3 occasions can IHT be charged?

A
  1. On a lifetime transfers
  2. On the same lifetime transfer if transferor dies within 7 years
  3. On testator’s death
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3
Q

What are the 2 types of lifetime transfers?

A
  1. Chargeable lifetime transfers (CLTs)
  2. Potentially exempt transfers (PETs)
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4
Q

What is the loss to donor principle?

A

A gift is valued by how much it reduces donor’s estate

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5
Q

Which six types of gifts are exempt?

A
  1. Gifts to spouse
  2. Gifts to charities in UK or EEA
  3. Small gifts of up to £250 (all or nothing)
  4. Gifts on marriage
  5. Normal expenditure out of income
  6. £3,000 annual exemption
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6
Q

What is a PET?

A

A potentially exempt transfer is a gift by one individual to another individual

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7
Q

What happens if a donor dies within 7 years of making a PET?

A

The PET becomes a chargeable transfer and tax will be payable by the recipient of the gift

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8
Q

Are gifts to discretionary and interest in possession trusts CLT?

A

Yes, these trusts are CLTs and immediately chargeable to tax

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9
Q

Are gifts to bare trusts CLTs or PETs?

A

In bare trusts, beneficiaries decided when assets are distributed. Payments to bare trusts are PETs

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10
Q

Are gifts to companies PETs or CLTs?

A

CLT

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11
Q

Can the value of a CLT be reduced?

A

Yes, by the annual exemption

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12
Q

When will tax be owed on CLT?

A

When the gift exceeds the NRB of £325,000

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13
Q

What is the tax rate applicable to CLTs?

A

If the trustee pays, 20%
If the donor pays, 25%

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14
Q

What is the taper relief if there are 0-3 years between the date of the gift and the date of death?

A

0%

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15
Q

What is the taper relief if there are 3-4 years between the date of the gift and the date of death?

A

20%

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16
Q

What is the taper relief if there are 4-5 years between the date of the gift and the date of death?

A

40%

17
Q

What is the taper relief if there are 5-6 years between the date of the gift and the date of death?

A

60%

18
Q

What is the taper relief if there are 6-7 years between the date of the gift and the date of death?

A

80%

19
Q

What are the three tax reliefs for lifetime transfers?

A
  • 100% business relief
  • 50% business relief
  • Agricultural relief
20
Q

Is business relief give before or after the annual exemption?

A

Before

21
Q

Which assets will qualify for 100% business relief?

A
  • Sale of sole-trade business or partnership interest
  • Shares in an unlisted trading company (private Ltd company with shares not on stock market)
22
Q

Which assets will qualify for 50% business relief?

A
  • Shares in a quoted trading company (Plc) that donor has more than 50% control of
  • Land or buildings or plant and machinery owned by individual and used by partnership or company
23
Q

Which two conditions must be satisfied for business relief to apply?

A
  1. Business must be trading
  2. Donor must’ve owned property for at least 2 years before transfer
24
Q

Does business relief apply to shares in overseas trading company?

A

Yes

25
Q

What is agricultural relief?

A

100% relief if transferor occupied property for agricultural purposes at least 2 years prior to transfer OR was owned by transferor for at least 7 years but was occupied by someone else for agricultural purposes

26
Q

What is the relief applied in agricultural relief?

A

100%

27
Q

Can agricultural relief be used in addition to business relief?

A

Yes