How can you mitigate inheritance tax liability?
With careful planning using different options, you can reduce the value of your estate that will be liable for tax while ensuring your beneficiaries can benefit from your wealth.
Options include:
Lifetime gifts
One of the most obvious ways of reducing your estate for inheritance tax purposes is to make lifetime gifts of money, property or other assets. However, there are rules around how much of your estate you can give away tax-free.
If you’re married or in a civil partnership you may gift your partner any sum you like as long as your partner resides in the UK. To anyone else, you can give a total of £3000 away per year. This is known as the annual exemption. You can also give as many smaller gifts of £250 as you like - so long as you haven’t used up your allowance for that person.
Wedding gifts are exempt with the rules being £5000 for a child, £3250 for a grandchild, and £1000 for anyone else.
Larger gifts over the annual exemption may be subject to inheritance tax if you die within seven years of making the gift. These are known as potentially exempt transfers (PET) and will be free from inheritance tax if you survive seven years from making the gift.
Gifting your money into a trust can potentially take it out of the inheritance tax net, but it’s essential to understand the rules to get this right. That’s why if you’re undertaking IHT planning it’s crucial to get professional financial and legal advice tailored to you.
Setting up trusts
A trust arrangement is an inheritance tax planning tool that allows you to leave part of your estate to a beneficiary or beneficiaries. Instead of gifting your beneficiaries their inheritance while you’re alive, you place the assets into a trust for them to receive at a later date. The benefit is you have more control over your money than if you simply gave it away. Depending on the rules governing the trust this can immediately protect part of your estate from inheritance tax.
There are several different types of trusts which can help with inheritance tax planning including gift and loan trusts and discounted gift trusts, to name two common ones. Each arrangement has different advantages and disadvantages. All types can be used to protect property or to provide financial support for children, with trustees overseeing the management of these.
The trust is typically structured in one of two ways.
Bare/absolute trust: With a bare or absolute trust, you name one or more specific beneficiaries at the creation of the trust. The trustees only have control until the beneficiaries turn 18 (or another specified date) and then the trust belongs to them.
Discretionary trust: A discretionary trust is more flexible because you can still change the beneficiaries at a later date. This gives the trustees more control over the assets, which they can distribute at their discretion. However, any money transferred into a discretionary trust is a chargeable transfer and may be immediately chargeable for inheritance tax.
Rowlinsons can advise you on the one that’s right for you. Get in touch with our expert inheritance tax planning solicitors today for more information.
Life insurance policies
You can take out a life insurance premium and put it into a trust so that on your death the proceeds of the policy will be paid directly to your beneficiaries and won’t be included in your estate. This money can help to mitigate any inheritance tax due on the estate.
Designating money to charity
Anything that you leave to charity or a political party in your will is excluded from your estate for inheritance tax purposes. This means you can support a cause close to your heart while reducing the charge of IHT on your estate. You could even set up a charitable trust in your name and leave behind a legacy which helps support a worthy cause.
Gifting property
You can keep your home in the family by handing it over to your children while you’re still alive, but you must be aware that there are rules in place to stop you from simply gifting your home to avoid inheritance tax. You will have to sell your home to them at the current market value and pay them the current market value in rent if you want to remain living there, otherwise, it will be classed as a gift with reservation of benefit (GWROB) and may be counted in full for inheritance tax.
Can I give my assets away while I’m still alive?
You can give away assets during your lifetime, but if you try and dispose of assets to exclude them from your estate for inheritance tax you may still be liable for IHT. This includes lifetime gifts over £3000. Rules on lifetime gifts are complicated so it’s important to get expert legal and financial advice.
Rowlinsons can help you understand your options so you can make the most of your wealth to benefit future generations without being charged more than necessary.
How can I reduce the inheritance tax on my estate?
Inheritance Tax planning is a complicated process. There are many different options to consider when minimising the IHT chargeable to your estate so you can maximise the inheritance you pass on.
These strategies are complex, which is why it’s essential to speak to an expert. Rowlinsons solicitors can provide clear, effective advice on inheritance tax planning to help you understand your options and show you the steps you can take so you can leave more behind for your loved ones.
Contact our Inheritance Tax Planning Solicitors
Our friendly and approachable team have many years of experience within Estate Administration to help you with inheritance tax planning. Our expertise and high reputation within the law industry means that we can help deliver results, acting swiftly with accuracy.
You can be assured that you are receiving a high-quality service where we are on hand to help you, no matter the issue. Our well-regarded solicitors in Cheshire will work with you to resolve matters and ensure that the future is planned for in a time of rising house prices.
You deserve to receive the best legal expertise which we can provide here at Rowlinsons. Our offices are based in Frodsham and Runcorn (Sutton Weaver), and we regularly help clients in the Northwest, such as Northwich, St. Helens, Widnes, Warrington and Chester but we are on hand to help you across England and Wales. Whatever your query, do not hesitate to get in contact today.
To make an appointment please call 01928 735 333 or click here for a call back.