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IHT400 Notes : Guide to completing your Inheritance Tax account

IHT400 Notes : Guide to completing your Inheritance Tax account

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Agricultural Relief<br />

and lifetime<br />

transfers<br />

Deceased's interest<br />

in possession<br />

Foreign trusts<br />

Who should tell us<br />

about a trust?<br />

Assets in the trust<br />

<strong>IHT400</strong> <strong>Notes</strong><br />

17<br />

<strong>to</strong><br />

20<br />

<strong>Guide</strong> <strong>to</strong> <strong>completing</strong> <strong>your</strong> <strong>Inheritance</strong> <strong>Tax</strong> <strong>account</strong><br />

If you are claiming Agricultural Relief on a gift you must answer<br />

questions 17 <strong>to</strong> 20 <strong>to</strong> help us decide if the relief is due.<br />

Schedule IHT418<br />

Assets held in trust<br />

You must complete Schedule IHT418 if the deceased had an interest in<br />

possession and the trust is one of the following:<br />

• a trust that was set up before 22 March 2006 from which the deceased<br />

was entitled <strong>to</strong> benefit<br />

• an immediate post-death interest<br />

• a disabled person's interest<br />

• a transitional serial interest.<br />

All these interests are explained at pages 15 and 16 of this guide.<br />

If the deceased had a right <strong>to</strong> benefit from settled property where<br />

the assets are overseas, and the person who set up the trust was<br />

domiciled outside the UK when the trust was created, please answer<br />

questions 2 <strong>to</strong> 5 only.<br />

The trustees of the trust must give us full details of assets and liabilities<br />

that make up the trust and who must pay any <strong>Inheritance</strong> <strong>Tax</strong> that is due.<br />

However, we need <strong>to</strong> know the <strong>to</strong>tal net value of settled property <strong>to</strong> be<br />

included in the estate so that we can work out the <strong>to</strong>tal tax that is due. In<br />

certain circumstances the trustees will pay the tax at the same time as you<br />

apply for a grant. This may happen where the trustees and the personal<br />

representatives are the same people.<br />

If this applies here, please give full details of all the assets and liabilities on<br />

the Schedule IHT418 and send us a copy of the deed of trust. If the trustees<br />

and the personal representatives are the same people and you give us<br />

details of the settled property, we may ask for a formal <strong>account</strong> <strong>to</strong> be<br />

completed and signed by the trustees. We will only do this in exceptional<br />

circumstances.<br />

If the trustees and the personal representatives are different people or if<br />

you have only been able <strong>to</strong> give brief details on Schedule IHT418, we will<br />

ask the trustees <strong>to</strong> complete a separate <strong>account</strong>.<br />

If you have full details of the assets held in trust you can give us those<br />

details at boxes 8 and 13. If you need more space <strong>to</strong> list the assets,<br />

you can use the 'Any other information' box on page 4 of Schedule IHT418.<br />

Liabilities that relate <strong>to</strong> the assets can be shown in boxes 9 and 14.<br />

See page 72 of this guide for information about exemptions and reliefs.<br />

39

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