Tackling a potential IHT issue

Now is a great time to discuss your problem with us

 The fall in the value of assets such as shares, buy-to-let properties and holiday homes to their lowest levels in years, combined with capital gains being taxed at its lowest rate in 40 years, may be prompting more and more taxpayers to give away surplus assets to minimise future inheritance tax (IHT) bills.

If you are considering tackling a potential IHT issue, now is a great time to discuss this with us.

This current slump in asset values may present appropriate taxpayers with a rare opportunity to pass on assets while paying substantially reduced capital gains tax (CGT). The reduction in the CGT rate from up to 40 per cent to a flat rate of 18 per cent in April last year will also reduce the potential tax bill on assets gifted away. For lifetime gifts, the value of assets for IHT purposes is determined at the time they are given away, so while valuations are low, it is worth considering the advantages of gifting assets now.

So long as the gift is an outright gift to an individual and the donor survives seven years after making the gift, there will be a significant long-term tax saving. And with the IHT rate at 40 per cent, the long-term tax saving could be very significant. If there is a risk that IHT becomes due on gifts made prior to death, it is important for taxpayers to consider making gifts while asset values are low.

Lifetime gifts use up the nil-rate band first upon death within seven years. This will affect the allowances and the actual tax paid on the estate. The nil-rate band is the amount up to which an estate will have no IHT to pay and is currently £312,000 (2008/09) if you are single, or £624,000 (2008/09) are married or in a civil partnership.

Inheritance tax glossary

Assets Generally, everything that you own.

Beneficiary A person, or organisation, to whom you leave a gift in your Will.

Estate The total sum of your possessions, including property and money, left at your death once any debts have been paid.

Inheritance tax (IHT) The 40 per cent tax paid on an estate that is over the nil-rate band threshold. The current 2008/09 threshold is £312,000 for an individual. Married couples or those in a civil partnership have a combined threshold of £624,000.

Intestate The term for someone dying without having a Will in place. In this case the Rules of Intestacy will decide to whom your estate is passed.

Nil-rate band The amount of your estate on which IHT is not payable. For the tax year 2008/09 this is £312,000, and for married couples or those in a civil partnership £624,000.

Potentially exempt transfer A gift made during one’s lifetime that is exempt from IHT should the donor live for seven years after making the gift.

Trust An arrangement you can make in your Will to administer part of your assets after your death.

Will A form of instruction as to how someone wishes to dispose of their assets on death.

Tax benefits may vary as a result of statutory change and their value will depend on individual circumstances. Thresholds, percentage rates and tax legislation may change in subsequent finance acts

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