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Local Life - Wigan - December 2020

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50<br />

Is Inheritance Tax<br />

Voluntary?<br />

It was the late Lord Jenkins that said, “Inheritance Tax is a<br />

voluntary tax paid by people who distrust their beneficiaries<br />

more than they dislike the Inland Revenue”.<br />

Inheritance tax was always considered to be a tax on the<br />

rich, but it really isn’t!<br />

Levied at a fixed rate of 40 per cent, it is possible to become<br />

a higher rate taxpayer after you die. If you are single or<br />

divorced, UK legislation allows the first £325,000 (<strong>2020</strong>/21<br />

tax year) of your estate to be free from Inheritance Tax.<br />

If you are married, or in a civil partnership or widowed,<br />

this amount could rise to £650,000. In addition to this, the<br />

resident’s nil rate band will enable the nil rate band to be<br />

uplifted further if you are living in your own property and<br />

will be passing your estate on to direct descendants.<br />

Inheritance tax can cost your loved ones hundreds of<br />

thousands in the event of your death, yet it’s possible to<br />

legally avoid huge swathes of it, or possibly pay none at<br />

all. How do you manage this? Just by sensible planning.<br />

The main exemptions<br />

• Most transfers between spouses and civil partners.<br />

• The first £3,000 of lifetime transfers in any tax year plus<br />

any unused balance from previous year.<br />

• Gifts of up to but not exceeding £250 p.a. to any<br />

number of persons.<br />

• Gifts in consideration of marriage or civil partnership of:<br />

up to £5,000 by a parent, up to £2,500 by a grandparent<br />

or great grandparent, or up to £1,000 by any other<br />

person.<br />

• Gifts made out of income that form part of normal<br />

expenditure and do not reduce the standard of living.<br />

• Gifts to charities, whether made during lifetime or on<br />

death.<br />

from when the transfer is made for the gift to fall outside<br />

your estate. During the 7 year period the amount of tax<br />

payable reduces each year. This is known as Taper Relief.<br />

However, this relief only applies to the part of a gift which<br />

is in excess of the nil rate band (£325,000).<br />

Trusts<br />

This method allows for the placement of monies out of your<br />

estate into a suitable investment which is then wrapped<br />

within a trust. You as trustee remain in control of the<br />

investments on behalf of the beneficiaries and can decide<br />

when and if any capital will be paid out in part or in full.<br />

There are a wide variety of trust options available and<br />

therefore careful consideration needs to be given to<br />

ensure that the trust is suitable.<br />

• Are you happy to waive your right to income and<br />

capital from the trust?<br />

• Would you prefer to receive a regular income from the<br />

trust?<br />

• Would you like access to capital from the trust?<br />

Clearly, one size does not fit all and therefore further<br />

advice should be taken.<br />

Inheritance Tax is quite a technical area and therefore<br />

before embarking on a course of action I would strongly<br />

recommend that you seek professional advice. We<br />

have advisers with advanced qualifications within the<br />

taxation and trusts arena who if need be will be more<br />

than happy to guide you.<br />

Should you wish to have a chat<br />

with one of our qualified financial<br />

planners please feel free to give<br />

us a call on 01257 423800.<br />

Making Gifts<br />

In most cases, any direct gift either made direct or into<br />

an absolute trust by any one person over the exempt<br />

gift allowances, is a Potentially Exempt Transfer (PET).<br />

This means that you as the donor, need to live 7 years,<br />

David Barton<br />

APFS Cert CII (MP)<br />

Chief Executive Officer<br />

Remember all investments can fall as well as rise in value so investors could get back less than they invest.

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