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Now we’re all ‘rich’ it’s time to plan ahead - 1st November 2005

Inheritance Tax is home to roost for millions of we mere mortals.  House price inflation has pushed the financial worth of many more individuals above the current financial year’s £275,000 tax threshold – known as the nil rate band -- and into a worry zone which, when it was created early in the last century, was the province of only the rich.

Keeping a slice of our inheritance out of the clutches of the taxperson, while still staying within the rules, is now of such universal interest that I shall be dedicating this space both this month and next to coming up with a few suggestions.

 
The good news is that although there’s been a dramatic increase in the number of us threatened by Inheritance Tax (or IHT) – it raised nearly £3bn for the Government during the last tax year -- it is also one of the most avoidable.

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Let’s start with gifts, many of which are tax-exempt but some only if they are made in your lifetime.  There are a fair number of lifetime exemptions, include small gifts of up to £250 to any one person in any tax year; annual transfers of up to £3,000; and marriage gifts (£5,000 from a parent, half that from a grandparent or from the bride and groom to each other, and £1,000 from anyone else).

Exemptions available in life and on death are gifts between husband and wife, provided the surviving spouse lives in the UK; and gifts to charities, charitable trusts or for ‘national’ purposes (which, among other beneficiaries, includes certain recognised political parties).

Then you need to consider making a will.  If you haven’t done so, apply your mind now.   Writing a will not only ensures that our estate goes to the people we wish to benefit.  Done properly, it also helps our nearest and dearest rather than the Inland Revenue; and it’s a caring gesture because it relieves them of an administrative headache.

It also makes sense to order our finances in a tax-efficient way, value and transfer our assets sensibly, and get to grips with our pension death benefits.      

In fact, if married, most people leave all their assets to their wife or husband, happy in the knowledge that there will be no IHT to pay on their estate.   This certainly helps the spouse, but when they die, anything left in the estate above the nil-rate band becomes subject to IHT and the children are landed with the bill.  And remember this: tax on most assets must be paid before probate is applied for – which could mean the children having to take out bank loans before they can benefit from the rosier future which you envisaged for them.

The answer – if you can afford it – is to consider making use of the nil-rate band when the first of the couple dies, rather than waiting until both have expired. To effect this it is important for a couple to split the ownership of assets as equally as possible before either dies.

Finally, a word about business assets, which can qualify for total tax exemption.   However, this does not apply to land and buildings let out on rental.  The IHT rules on businesses are complex and expert advice is essential.

Is it worth making a trust?  They’ve been used to avoid tax for a very long time, but will they work for you?  We’ll be looking at property ownership, and trusts as a way of reducing IHT, in the next issue.

In the meantime, have a happy Christmas.

For further information contact Vicky Newman, tel 0115 9886727, e-mail Vicky Newman

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