17 Inheritance tax Flashcards Preview

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Flashcards in 17 Inheritance tax Deck (42)
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1
Q

What is inheritance tax charged on?

A

Transfer of value, of chargeable property and by chargeable person

2
Q

When does a charge to IHT arise?

A

On death, on lifetime gifts where donor dies within 7 years and on some lifetime fights which are taxed at the date of the gift

3
Q

What is a transfer of value? IHT

A

A gift of any asset which results in a reduction in the value of the donor’s estate.

4
Q

How is the transfer of value calculated? IHT

A

Value of estate before gift less value of estate after gift

5
Q

When someone dies, what do they become liable of?

A
  1. Value of all of the net assets in their estate

2. Any lifetime gifts made in the seven years provided they are not exempt

6
Q

What is the definition of exempt transfers? IHT

A

A gift that is specifically deemed to be exempt from IHT

7
Q

What is the definition of potentially exempt transfers? IHT

A

A gift by an individual to another individual

8
Q

What is the definition of chargeable lifetime transfer? IHT

A

CLT will be a gift into a trust

9
Q

If an individual gives an exempt gift is gifted during an individuals lifetime, is there IHT payable?

A

No

10
Q

If an individual gives an potentially exempt gift is gifted during an individuals lifetime, is there IHT payable?

A

No

11
Q

If an individual gives an chargeable lifetime transfers gift is gifted during an individuals lifetime, is there IHT payable?

A

IHT calculated using the lifetime rates of tax

12
Q

If an individual lives 7 years, is there any IHT payable?

A

No

13
Q

If an individual does not live 7 years, is there any IHT payable on exempt benefits?

A

No

14
Q

If an individual does not live 7 years, is there any IHT payable on potentially exempt benefits?

A

The PET becomes chargeable on death for the first time

15
Q

If an individual does not live 7 years, is there any IHT payable on chargeable lifetime transfers?

A

Possibly extra IHT, calculated using the death rates of tax§

16
Q

How are gifts into trusts treated? IHT

A

CLTs

17
Q

What are lifetime gifts only exemptions and reliefs?

A

Small gifts exemption
Marriage exemption
Normal expenditure out of income
Annual exemption

18
Q

What are lifetime gifts and death estates exemptions and reliefs?

A

Inter spouse exemption

19
Q

What is the small gifts exemption?

A

Less than £250 to one person in a tax year

20
Q

What can a parent give as a marriage gift?

A

£5,000

21
Q

What can a grandparent give as a marriage gift?

A

£2,500

22
Q

What can a groom or bride give as a marriage gift?

A

£2,500

23
Q

What can anyone else give as a marriage gift?

A

£1,000

24
Q

A lifetime transfer will be exempt if it can show that the gift is:

A

Is made as part of a person’s normal expenditure out of income, and does not affect the donor’s standard of living.

25
Q

What is the annual exemption available against in IHT?

A

Lifetime transfers

26
Q

What is the annual exemption for IHT?

A

First £3,000

27
Q

Can annual exemption for IHT be carried forward?

A

One year only and used after the year brought forward

28
Q

How should the annual exemption be calculated for IHT?

A

Applied chronologically to the first gift even if a PET and never becomes chargeable

29
Q

How is a transfer between spouses treated for IHT?

A

Exempt

30
Q

What is the nil rate band for IHT?

A

£325,000

31
Q

If the trustees of the trust (i.e. the donee) agree to pay the tax, how is this treated for IHT?

A

Gift is referred to as a gross gift and pay 20%

32
Q

If the donor agrees to pay the tax, how is this treated for IHT?

A

Net gift, which is grossed up and then 25% is tax

33
Q

When the exam does not specify who pays the tax?

A

Assume the donor does

34
Q

What is the date of payment between 6th April - 30th September?

A

30th April the following year

35
Q

What is the date of payment between 1st October - 5th April?

A

Six months after the end of the month of the CLT

36
Q

How do you calculate death IHT?

A
  1. Identify gifts within seven years
  2. Calculate gross chargeable amount and tax paid
  3. Calculate the NRB after deducing gross chargeable transfers, use NRB at death
    Include PETS
  4. Calculate death tax 40%
  5. Taper relief
  6. Deduct lifetime IHT paid
  7. State who will pay, and due date of payment
37
Q

What type of mortgages are deductible on the death estate?

A

Repayment and interest only mortgages

38
Q

What is included on the death estate pro forma?

A

property, businesses, stocks and shares, government securities, insurance policy proceeds, cars, chattels, debts due, cash at bank - less debts due by, taxes and funeral expenses

39
Q

When are debts deductiable?

A

Outstanding at date of death and have been incurred for valuable consideration or were imposed by law

40
Q

When is death tax due?

A

Earlier of six months after the end of the month of death or on delivery of the account of estate assets to HMRC

41
Q

When a husband dies, what can the partner use of the NRB?

A

The remaining amount but at NRB in year of second death (i.e. do a percentage)

42
Q

When must a claim to use your husbands NRB be made?

A

later of 2 years after second death, or 3 months after the executors starting to act