Posts Tagged ‘Inheritance Tax’

Latest news on tax and trusts from Solicitors Journal

Sunday, May 16th, 2010

David Bird from Solicitor’s Journal reviews the latest developments in tax and estate planning, including negligible value claims for CGT, inheritance tax and agricultural property relief.

David suggests that “Although the expected increase in CGT rates did not materialise, it is safe to assume that the rate of CGT will not remain at 18 per cent for much longer and the second Budget of 2010 will probably increase the rate (and vindicate the advice and legal work which was carried out earlier in the year).”

If you are thinking of disposing of an asset, do it while CGT is still at 18%

Read the full article here.

More estates to fall under four-year freeze on nil-rate band

Tuesday, March 30th, 2010

STEP reports that a further 650,000 families could be brought into the inheritance tax net under a Labour government, after last week’s budget froze the nil rate band at GBP325,000 until at least April 2014.

Read the full article on the STEP Journal or read the extract below


It had been known since last autumn’s pre-budget report that Chancellor Alistair Darling would freeze the 2010-11 NRB at the previous year’s figure of GBP325,000. But the four-year freeze (obviously only relevant if Labour wins the general election) was a surprise.

The 650,000 figure comes from Frank Nash of accountants Blick Rothenberg, quoted in the Daily Telegraph. Nash says the freeze could cost a couple an additional GBP37,000 in IHT in real terms over four years, if inflation continues at around 3 per cent.

It will particularly affect couples whose joint assets are worth over GBP650,000, said Richard Mannion of accountancy firm Smith & Williamson.

“With the IHT rate currently at 40 per cent this may result in a significant further financial burden, especially for those whose wealth is wrapped up in property with little liquid cash”, he said. “The freezing of the nil rate band does create clear political water between Labour and the Conservatives.”

John Richardson, head of advice policy at Towry Law, said the long freeze would lead more families to consider estate planning opportunities, and more trustees to consider tax-efficient investment structures to minimise the ten-year anniversary charges.

As already reported, the Treasury will this summer work out a method of bringing inheritance tax planning into the list of activities that have to be reported to HM Revenue & Customs as tax avoidance schemes – the the Disclosure of Tax Avoidance Scheme (DOTAS) rules.

Source

STEP

Executors in deep water after applying inheritance tax to charities’ gift

Friday, September 18th, 2009

A reader’s question to This is Money highlights the risk to executors who distribute an estate without realising that legacies to charity are inheritance tax exempt.

‘J.D’ received a substantial sum from an estate left by a friend. However three charities are now challenging the will after it appear that inheritance tax was applied incorrectly to the charities’ gift. Resultantly, J.D. may be forced to refund his share

If executors of the deceased’s estate apply the IHT liability proportionately to both the charitable gifts and family gifts, then the charity is within its rights to claim back any IHT deducted from its share of the estate.

Read the full letter and response at This is Money

Sources:

This Is Money

Step UK News Digest 1st September 2009

Valuation uncertainty in falling property market

Friday, September 18th, 2009
According to the latest edition of the HMRC inheritance tax and trusts newsletter, executors should consider obtaining three independent valuations of a property before submitting form IHT400. Failure to do this may result in penalties under HMRC’s ‘reasonabe care’ regime.

Negative trends within the property market has led to uncertany in extimating property prices, with personal representatives increasingly asked to reduce valuations after probate whilst prices fall.

In the newsletter, HMRC suggest that it will normally refuse to re-value a property if the estate has already paid IHT based on an agreed valuation. It will only consider re-valuation if the original estimate was done with incomplete or incorrect information. “The recent fall in property values alone is not sufficient reason to re-open an earlier value”, it says.

PRs must instruct valuers to estimate for an open market sale “under normal market conditions and marketed properly with no discounts for a quick sale or the time of year”, says HMRC. Also, the valuer’s attention must be drawn to factors that might raise the price, such as development potential.

HMRC suggest that three valuations from different estate agents, or a RICS valuation if a definitive figure is required, would “go a long way in demonstrating that the liable persons exercised reasonable care”.

Sources:

Step UK News Digest

HMRC

Second World War military service saves family £125,000 in Inheritance Tax

Friday, August 7th, 2009

A solicitor in Tewkesbury has saved clients almost £125,000 in Inheritance Tax after utilizing their family history in the Second World War.

The son and daughter of ‘Mrs A’ faced a tax bill of 40% of their mother’s whole estate above the value of £312,000 and could not make use of the new Transferable Nil Rate band from their father who had died 12 months before his wife of 60 years. Their father had taken the correct tax advice at the time, leaving a will with a Nil Band Rate Discretionary Trust. As a result, there was no unused Nil Rate Band from his estate that could be transferred to Mrs A’s estate.

But Mrs A had been married before, for just three months as her first husband was shot down whilst serving in the RAF in the Second World War. Simon Cook, head of the private client department at Thomson & Bancks, knew that when a person is killed on active service their estate is exempt from Inheritance Tax.

He succeeded in reducing Mrs A’s estate’s liability to Inheritance Tax by transferring her first husband’s nil rate band – even though he died in 1942. The firm believes this is one of the earliest ‘first deaths’ yet claimed for Inheritance Tax purposes. The claim succeeded partly because the first husband was killed in action and partly because his estate was worth little at the time of his death.

Since 9th October 2007, the percentage of Nil Rate Band used on the earlier death can be rolled over to the surviving spouse or civil partner, irrespective of when that death occurred.

Read more on this story at here

Source: This is Gloucestershire.co.uk

Inheritance tax planning in a recession

Friday, August 7th, 2009

Read Julie Butler’s article on inheritance tax planning in a recession through disposals proceeds and the four

year rule.

Click here to view the PDF published by Step Journal June 2009.

Source: STEP