Inheritance tax- questions help

Inheritance tax- questions help

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hman

Original Poster:

7,487 posts

195 months

Saturday 12th December 2015
quotequote all
Can anyone help me understand how this works please?

Dad died in 1994 - left all to mum.

Mum is in way out - has 3/4 years maybe

House is worth £6-700k
Bank accounts are £250k

May need to spend £100k on care for mum.

Sister lives at mums house (never left home - now mums carer)


Are we able to use £650k as the threshold or will it be £325k before 40% tax.

So confusing - just want the most tax efficient route really.

Can anyone advise please

catman

2,490 posts

176 months

Saturday 12th December 2015
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I believe that you'll be able to use the higher figure, as your Father's allowance wasn't used when he died.

Tim

Sump

5,484 posts

168 months

Saturday 12th December 2015
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Probably the most "trolliest" tax going.

Silvertop_John

69 posts

199 months

Saturday 12th December 2015
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Went through this process earlier this year when mum died. As your dad left everything to your mum, no IHT liability was incurred then and you can utilise all "his" allowance at the current level on your mum's estate when the time comes - unless they change the rules in the meantime...

Dixy

2,923 posts

206 months

Saturday 12th December 2015
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You should also hope she lives long enough for Osborne to introduce his proposed changes on £1m home IHT.

southpaw

5,999 posts

226 months

Saturday 12th December 2015
quotequote all
In 2017, your mum will get a further £100,000 IHT nil rate band as part of the new Main Residence Allowance, which will increase by £25,000 a year to 2020. Therefore in 2017, the estate could be IHT free up to £750k (2 x £325k nil rate bands, plus one £100k main residence allowance), which will increase to ££825k by 2020. Anything over that would be subject to 40% IHT.

It looks like you will need to pay some IHT unfortunately, especially if you may need the cash available for care and therefore don't want to tie it up to try and mitigate the IHT charge

hman

Original Poster:

7,487 posts

195 months

Saturday 12th December 2015
quotequote all
Thanks all, for a while I thought that we would be subject to anything over £325k of the estate being 40% and so would be looking at a horrific tax bill.

If I put aside £100k for mums care, and topped it up with my own funds if it was necessary, what would be the most IHT efficient way to deal with the other £150k?

I want to protect the money from incurring tax as this is ultimately going to be my children's inheritance in many (I hope) years.

TwigtheWonderkid

43,402 posts

151 months

Saturday 12th December 2015
quotequote all
Does the OP's mum get to use £325K from the OP's dad, or because OP's dad died 1994 when the threshold was only £150K and not £325K, does she only get to use the £150K. If so, only the first £475K will be IHT exempt, not £650K (should she die before 2017).

As the transfer of unused threshold to spouse didn't exist in 1994, can OP's mum use it at all, as if not, the tax free amount is back at £325K?

I don't know the answer, but gut feeling says they rarely backdate a benefit that you wouldn't have got at the time.

Simpo Two

85,521 posts

266 months

Saturday 12th December 2015
quotequote all
TwigtheWonderkid said:
Does the OP's mum get to use £325K from the OP's dad, or because OP's dad died 1994 when the threshold was only £150K and not £325K, does she only get to use the £150K. If so, only the first £475K will be IHT exempt, not £650K (should she die before 2017).

As the transfer of unused threshold to spouse didn't exist in 1994, can OP's mum use it at all, as if not, the tax free amount is back at £325K?

I don't know the answer, but gut feeling says they rarely backdate a benefit that you wouldn't have got at the time.
Amazingly, yes. It's done as a percentage. For example if in 1994 the father left 10% to someone else, that would leave 90% unused allowance and it's still 90% - ie £292,500.

southpaw

5,999 posts

226 months

Saturday 12th December 2015
quotequote all
hman said:
If I put aside £100k for mums care, and topped it up with my own funds if it was necessary, what would be the most IHT efficient way to deal with the other £150k?
There are certain investments that would make that money fall outside the estate within 2 years, but they are generally high risk. You could look at putting the money into trust, but it would take 7 years to fully fall outside the estate. This is quite a specialist area and you'd be best served seeking financial advice.

However, in my opinion, it wouldn't be worth using your own money for care - you may as well use money that will be subject to IHT anyway to reduce the size of the estate?

megaphone

10,736 posts

252 months

Saturday 12th December 2015
quotequote all
Your mother could gift you and your sister money now, even after two years the IHT liability decreases, hopefully your mother will live longer, after 7 years the gift is IHT free.

Remember though, her house may well go up in value which will mean more liability.

Simpo Two

85,521 posts

266 months

Saturday 12th December 2015
quotequote all
So if a Gift and a Trust both take 7 years to work through, what are the advantages of the (more expensive and complex) Trust?

TwigtheWonderkid

43,402 posts

151 months

Saturday 12th December 2015
quotequote all
Simpo Two said:
TwigtheWonderkid said:
Does the OP's mum get to use £325K from the OP's dad, or because OP's dad died 1994 when the threshold was only £150K and not £325K, does she only get to use the £150K. If so, only the first £475K will be IHT exempt, not £650K (should she die before 2017).

As the transfer of unused threshold to spouse didn't exist in 1994, can OP's mum use it at all, as if not, the tax free amount is back at £325K?

I don't know the answer, but gut feeling says they rarely backdate a benefit that you wouldn't have got at the time.
Amazingly, yes. It's done as a percentage. For example if in 1994 the father left 10% to someone else, that would leave 90% unused allowance and it's still 90% - ie £292,500.
OK, thanks for the info. Every day's a skool day.

TwigtheWonderkid

43,402 posts

151 months

Saturday 12th December 2015
quotequote all
megaphone said:
Your mother could gift you and your sister money now, even after two years the IHT liability decreases, hopefully your mother will live longer, after 7 years the gift is IHT free.

Remember though, her house may well go up in value which will mean more liability.
If she leaves half the house to OP and half to OP's sister now, and either one of their marriages goes down the tubes, wouldn't their ex spouse then own 25% of mum's house, even though she's still alive? Could they force sale to get their money out?

southpaw

5,999 posts

226 months

Saturday 12th December 2015
quotequote all
Simpo Two said:
So if a Gift and a Trust both take 7 years to work through, what are the advantages of the (more expensive and complex) Trust?
The settlor (I.e. The person that gifts the money into the trust) can retain some control over it, how it's invested, the beneficiaries of the trust could be changed, so you don't have to decide who gets the money right now. If the money was gifted, it is then in that persons estate, so could be claimed by court following divorce or bankruptcy, whereas funds in trust would be kept outside their estate.

Simpo Two

85,521 posts

266 months

Saturday 12th December 2015
quotequote all
OK, thanks smile

sumo69

2,164 posts

221 months

Sunday 13th December 2015
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I have an IFA who is a member of SOLLA (Society of Later Life Advisors) who specialises in all the care funding, IHT mitigation techniques - drop me a PM if anyone is interested in me putting the 2 of you together.

David