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Using tax planning to minimise your Inheritance Tax bill

Insurance company NFU Mutual recently analysed HM Revenue & Customs receipts, finding that the average Inheritance Tax bill for the year 2018/19 was £199,000.

 

The standard Inheritance Tax rate is currently 40 per cent, which can result in a substantial bill for many estates. By taking tax planning action in advance, it is possible to legitimately reduce the amount payable.

 

The Inheritance Tax threshold

 

No Inheritance Tax is payable on the first £325,000 of any estate, known as the nil-rate band. This allowance is also transferrable to a spouse or civil partner if it is not used, meaning that a couple will have a total nil-rate band of £650,000. There is no Inheritance Tax payable if you leave everything to your spouse or civil partner or to a charity or a community amateur sports club.

 

The main residence nil-rate band

 

In addition to the nil-rate band, there is also a property allowance available, meaning that you can pass your home to a direct descendant (a child or grandchild) for an extra £175,000 free of tax. As with the nil-rate band, a spouse can pass on any unused allowance to their surviving spouse, giving married couples or civil partners the chance to pass on property of up to £350,000 free of Inheritance Tax.

 

Combining the two allowances gives an individual a potential allowance of £500,000, or £1m for a couple. The property allowance only applies to one property and your estate’s executor can nominate which one if you own more than one. For estates worth more than £2m, the main residence nil-rate band is reduced by £1 for every £2 over that limit, meaning that there is no residence relief available for estates worth £2.4m or more.

Gifts

 

You can give away gifts during your life, but the rules around this are complex and will be strictly applied. If, for example, you should need to go into a care home, the local authority will look at any gifts that you have made, to see whether they could be classed as deliberate deprivation of assets. If so, you could still be required to pay for your care, even if you have given much of your estate away.

 

In addition, Inheritance Tax could be payable on gifts made during the last seven years of your life. This is charged on a sliding scale. For instance, the rate for gifts made between 6 and 7 years before death is 8 per cent, while the rate for gifts made during the last three years of life is 40 per cent, where the estate is worth more than £325,000.

 

Small gifts of up to £3,000 can be given each year, as well as a set amount that can be given to relatives, for example, up to £5,000 to children and up to £2,500 to grandchildren.

 

Reducing your Inheritance Tax liability

 

Money left to charity will not attract Inheritance Tax and if you leave more than 10 per cent of your estate to charity, this will reduce the Inheritance Tax rate on the rest of your estate to 36 per cent.

 

Assets placed into a trust will not form part of your estate for Inheritance Tax purposes, although you should seek legal advice as to the most beneficial way to set up a trust.

 

If you would like to speak to one of our expert tax and trust lawyers about reducing your Inheritance Tax liability, ring us on 01634 353 658 or email us at rob@pembrokewillwriters.com.