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Local Life - Wigan - April 2019

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62 Legal & Finance<br />

Inheritance Tax<br />

A Voluntary Tax?<br />

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

Tax is a voluntary tax paid by people who distrust<br />

their beneficiaries more than they dislike the Inland<br />

Revenue”.<br />

Inheritance tax can cost loved ones hundreds<br />

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

possible to legally avoid huge swathes of it, or<br />

possibly pay none at all.<br />

If you are single or divorced, UK legislation allows<br />

the first £325,000 (2018/19 tax year) of your estate<br />

to be free from Inheritance Tax, whilst if you are<br />

married, or in a civil partnership or widowed, this<br />

amount could rise to £650,000.<br />

In addition to this, the residents nil rate band will<br />

enable the nil rate band to be uplifted further if you<br />

are living in your own property and will be passing<br />

your estate on to direct descendants.<br />

The main exemptions are;<br />

• Most transfers between spouses and civil<br />

partners<br />

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

year plus 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<br />

partnership of: up to £5,000 by a parent, up to<br />

£2,500 by a grandparent or great grandparent,<br />

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

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

or on death.<br />

Making Gifts<br />

In most cases, any direct gift amount is a Potentially<br />

Exempt Transfer (PET), which means that you (the<br />

donor) need to live a further 7 years for the gift to fall<br />

outside your estate. If you don’t, the beneficiary may<br />

face a tax liability, which between year 3 and year<br />

7 maybe reduced for each year you live. However,<br />

this relief only applies to the part of a gift which is in<br />

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

Trusts<br />

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

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

within a trust, of which you and other people of<br />

your choosing can be trustees. The monies remain<br />

in trust and all, or amounts of this, can be distributed<br />

when you choose.<br />

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

and therefore careful consideration needs to be<br />

given to ensure that the trust is suitable.<br />

Is it possible to get an immediate discount to IHT<br />

rather than wait for 7 years?<br />

Yes, there are trusts that enable the donor to have<br />

access to a regular, predetermined income for life.<br />

In addition to this - based on a number of factors<br />

- there are schemes which usually result in a saving<br />

in Inheritance Tax from the moment the monies are<br />

placed into the trust.<br />

Summary<br />

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

therefore before embarking on a course of<br />

action I would strongly recommend that you<br />

seek professional advice. We have advisers with<br />

advanced qualifications within the taxation and<br />

trusts arena who if need be will be more than happy<br />

to guide you.<br />

David Barton APFS Cert CII (MP)<br />

Managing Director &<br />

Chartered Financial Planner

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