INHERITANCE TAX BABY Flashcards

1
Q

4 step approach to IHT on death estate outline

A

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

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2
Q

STEP 2 - What does the deceased’s estate encompass when finding the value transferred

A

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
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3
Q

STEP 2 - how are assets valued? what is done after the deceased’s estate has been valued?

A

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

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4
Q

STEP 3 - what are the main 4 exemptions for IHT

A
  • spouse/CP fully exempt from IHT
  • charity donations fully exempt
  • Business Property Relief - no/reduced IHT on certain biz interests
  • Agricultural Property Relief
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5
Q

how does business property relief work

A
  • 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
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6
Q

How does the nil rate band work

A

0% rate below 325k, 40% above

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7
Q

what is the special charitable rate

A

36% tax if 10% of net estate donated to charity

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8
Q

What is the transferable nil rate band

A

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.

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9
Q

what is the residence nil rate band

A

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

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10
Q

What must happen before the estate is distributed?

A

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

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