INHERITANCE TAX BABY Flashcards
4 step approach to IHT on death estate outline
1) identify transfer of value (the death)
2) find value transferred (deceased’s estate)
3) apply exemptions and reliefs
4) calculate tax at appropriate rate
STEP 2 - What does the deceased’s estate encompass when finding the value transferred
everything the deceased was beneficially entitled to on death so:
- everything passing thru will/intestacy
- interest in joint property - incl for tax even tho goes thru survivorship
- some trust interests
- property subject to reservation eg house that has been gifted to relative in their name, but deceased kept living in rent free - still taxed as benefitted
STEP 2 - how are assets valued? what is done after the deceased’s estate has been valued?
value assets at open market price eg get a valuer in for real estate n shares
then deduct debts and expenses for final value transferred
STEP 3 - what are the main 4 exemptions for IHT
- spouse/CP fully exempt from IHT
- charity donations fully exempt
- Business Property Relief - no/reduced IHT on certain biz interests
- Agricultural Property Relief
how does business property relief work
- 100% relief on tax for unincorporated biz and unlisted company shares
- 50% potential relief on listed company shares that give voting control, unlikely as LTDs worth £££
- 2 year ownership requirement - must have owned asset for 2 years+ prior to death
How does the nil rate band work
0% rate below 325k, 40% above
what is the special charitable rate
36% tax if 10% of net estate donated to charity
What is the transferable nil rate band
if 1 spouse dies w/o using their NRB, it transfers over to surviving spouse. Thus, if husband dies leaves wife everything, when wife dies she gets double bubble NRB so 650k at 0%. if partially used, eg 50% of 325k, other half goes to wife.
what is the residence nil rate band
If property that was the deceased’s residence gets “closely inherited” (to (grand)child)), 175k of the gaff is additionally available to get taxed at 0%. ALSO TRANSFERABLE
What must happen before the estate is distributed?
tax must be paid. sometimes a will specifies which assets pay tax, if intestacy its applied proportionally so it doesnt all fall on 1 person/asset