Reducing Tax On Investments: Avoiding Inheritance Tax

Inheritance tax (IHT) is normally payable on death butsounds a lot but with house values now so high tax
can be partly payable earlier. It is also sometimesmay be payable. Beyond the threshold the tax rate is
called a voluntary tax because there are so many40%.
ways of avoiding it. However, they are notPETs and ICTs made within seven years of your
straightforward.death are counted in order of payment and so are set
Investments free of IHTagainst the threshold first. There is taper relief from the
Provided you have invested for at least two years,fourth year but it only applies to amounts which
the following are exempt:exceed the threshold.
- investments in AIM and unquoted shares (these canPaying IHT
be invested via unit and investment trusts)It must be paid before grant of probate (official
- commercial forestrypermission for executors to act) but assets cannot be
- assets connected to Lloyds of London.sold before getting probate, so it may be necessary
Making gifts during your lifetimefor the executor(s) to borrow.
Inheritance tax (IHT) may be payable on gifts youIf the estate includes property, it is possible to defer
make before your death but, if you can afford it, therepayment of the proportion of IHT payable equal to the
are a number you can make free of IHT. Of particularproportion of the property value to the whole estate.
importance are the £3,000 annual exemptionSome banks and building societies will release cash
(higher amounts on marriage) and the unlimited numberfrom the deceased person's account for the purpose
of gifts of £250 to any one person.of paying IHT.
PETs, ICTs and taper reliefCertain investments which include life cover, such as
Gifts to individuals or certain trusts not otherwisewith profits bonds, although subject to IHT, can be
exempt are potentially exempt transfers (PETs). Taxwritten into trust so that they pass directly to your
is avoided if you live for seven years thereafter but ifheirs and can then be realised to meet some at least
not it may be payable on your death.of the tax bill.
Gifts to companies or discretionary trusts are calledEstate planning
immediately chargeable transfers (ICTs) and half theSo far as planning is concerned, the importance of
IHT rate of 40% is payable immediately. Themaking a will cannot be overstressed. Otherwise,
balancemay become payable if you die within sevenintestacy rules apply, which may not suit you.
years but if no tax is due then you cannot recoverIf a married couple's joint estate may exceed the
what has been paid.threshold they need to find a way of using the exempt
When PETs and ICTs within seven years of deathamount on the first death. The problem usually is that
are included in an estate, they are first set against thethe survivor cannot manage without the assets,
threshold in chronological order. If their total exceedsparticularly the house.
the threshold then the relevant donees (the recipientsThere are ways in which this problem can be
of the gifts), not the estate, are responsible for payingovercome but they need to be watertight so the use
the IHT on them.of a solicitor experienced in IHT planning is essential.
If the period since the excess amounts were paid isUsually a trust is set up to come into operation on the
more than three years, then taper relief applies. Tax onfirst death and receive assets up to the exempt
the relevant amounts is reduced to 80% of the fullamount. It is possible for the surviving spouse to be a
charge (i.e. 32% tax) in the fourth year, 60% of itbeneficiary.
(24%) in the fifth year, 40% (16%) in the sixth year andIf all the beneficiaries agree, a will can be changed
20% (8%) in the seventh year.within two years of the death this is called a deed of
In the case of ICTs, tax already paid is deducted fromvariation.
the tax due but cannot be used to create a refund.If you know that IHT will be payable, make some
Tax payable on deathprovision for it, such as life assurance. For a married
Amounts left to your spouse are free of IHT and mostcouple, a joint life second death policy can be taken
couples leave everything to each other, but this mayout, written into trust for the beneficiaries so that it
not be the best solution.escapes the IHT net. Check whether your bank
The first £242,000 of taxable estate (thebuilding society deposits will be released.
current exempt amount or threshold) is free of tax. It