Chapter 24 - Inheritance tax Flashcards

(40 cards)

1
Q

What is inheritance tax charged on?

A
  • A transfer of value
  • of chargeable property
  • by a chargeable person
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2
Q

When does a charge to inheritance tax arise?

A
  • On the death of an individual
  • on lifetime gifts with 7 years of the date of death
  • on some lifetime gifts which are taxed at date of gift
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3
Q

What is “a gift of any asset which results in a reduction in the value of the donors estate”

A

A transfer of value

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4
Q

How do you calculate the diminutive value (loss to donor)?

A

Value of estate before gift

Less: Value of estate after gift

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5
Q

If an individual is domiciled in the UK what are they liable to under IHT?

A

Worldwide assets

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6
Q

If an individual is not domiciled in the UK what are they liable to under IHT?

A

UK assets only (usually)

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7
Q

What are the thee types of lifetime gift?

A

Exempt
Potentially exempt transfers (PETs)
Chargeable lifetime transfers (CLTs)

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8
Q

What is the IHT treatment of Exempt gifts?

A

no IHT

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9
Q

What is the IHT treatment of PET gifts?

A

Become chargeable if the donor dies within 7 yrs of the date of gift.

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10
Q

What is the IHT treatment of CLT gifts?

A

Taxed immediately and also on death

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11
Q

What should gifts into trusts be treated as ?

A

CLT’s

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12
Q

Can transfers on death be a PET?

A

No

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13
Q

Name the four reliefs and exemptions for lifetime gifts?

A
  • Small gifts exemption
  • Marriage exemption
  • Normal expenditure out of income
  • Annual exemption
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14
Q

Name the exemption on lifetime gifts and death estate

A

Inter spouse exemption

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15
Q

What are the three key points of small gifts exemption?

A

Lifetime gifts are exempt if they are

  • an outright gift to an individual of no more than £250
  • Per recipient
  • Per tax year
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16
Q

If a person gifts someone £240 then a further £100 what happens?

A

Neither gifts are now exempt

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17
Q

How much can a parent gift with the marriage exemption?

18
Q

How much can a grandparent gift with the marriage exemption?

19
Q

How much can a groom or bride gift eachother with the marriage exemption?

20
Q

How much can a someone gift with the marriage exemption?

21
Q

What is the marriage exemption conditional on?

A

The marriage taking place

22
Q

Give two examples of Normal expenditure out of income

A
  • Payment of school fees by grandparent

- Payment into a child life insurance policy

23
Q

What are the two key points about Normal expenditure out of income?

A
  • Is made a persons normal expenditure

- Does not effect donors standard of living

24
Q

How much is the annual exemption against lifetime transfers?

25
How is the AE applied?
- Chronologically to the first gift of the tax year and so on - must be applied to the first gift each year even if PET
26
What can you do with unused AE?
- Be carried forward one year | - But only used after current years AE
27
How do you calculate the chargeable amount of a PET or CLT?
Value of estate before transfer Less: Value of estate after transfer Less: Exemptions
28
When is the Nil rate band applicable?
At the time of the gift
29
What is the current Nil rate band?
£325,000
30
What are the rules if the Donee pays the tax?
- Gift is referred to as a gross gift | - taxed at 20%
31
What are the rules if the Donor pays the tax?
- The gift is referred to as a net gift - the donors estate is reduced by value of gift and tax on gift - Taxed at 25%
32
If the question does not state who pays the tax, who do we assume pays the tax?
Donor
33
What is the due date of the tax for a CLT?
6 April to 30 September - 30 April following year 1 October to 5 April - Six months after the end of the month of the CLT
34
What is the death rate of tax?
40%
35
When is IHT as a result of death due?
Earlier of 6 months after the end of the month of death or When filed with HMRC
36
Who are direct descendants?
Children or grandchildren
37
What is the additional Residence nil rate band (RNRB)?
Lower of £150,000 or Value of the main residence
38
When does the date of death have to be for RNRB?
after 6 April 2017
39
How do you calculate the value of the main residence?
After deduction payments on mortgage for the property.
40
When is the payment due on the death estate?
Earlier of Delivery of the estate accounts to HMRC 6 months after the end of the month of death