Property Investment Resources

What About InheritanceTax (IHT)?
written by Maria Davies
www.WomenInPropertyInvestment.com

Please be sure to take legal and accountancy advice on any tax issues, particularly those concerning inheritance tax. The purpose of this article is just to make you aware of some options and the questions you should be asking.

Even though you've paid taxes on the money you used to buy assets during your lifetime, the government currently still want a massive 40% of anything over the nil-rate band when you die. This nil-rate band is set by the government from time to time. For 2006/07 the IHT allowance is £288K per person.

There is, however, spouse exemption, so if you leave all to your spouse, he or she will pay no IHT. Unfortunately, if you do this, you waste your personal IHT allowance as it dies with you.

There are some steps you can take to reduce or eradicate the inheritance tax bill you leave for your loved ones:

  • if you're in this position, ask your solicitor about organising a "discretionary trust" which means that, although your spouse is able to continue just the same as if everything had passed to him/her, when he/she dies, the amount of your IHT allowance effectively goes back into your allowance pot so the IHT allowance is doubled, saving over £100K in IHT instantly

  • there will be no IHT on anything gifted to someone provided you survive for a minimum of 7 years after the gifting and provided this is completely given with no ties and no option for retraction

  • there is no IHT on charitable donations, so you could scupper the government by leaving everything over and above your IHT allowance to the cats' home!

Be aware that if you want to leave your half of a jointly owned property to someone other than your spouse, it's not enough to just make a will, you need to ensure that the property is owned as "tenants in common" rather than "jointly or severally" as, otherwise, the property will automatically revert to the survivor rather than to whom you specify in your will.

Many married people think that if they fail to make a will, their entire estate will automatically pass to their spouse when they die. This is quite incorrect. There are, in fact intestacy rules (dying without making a will is called "intestate") that specify how the estate will be split and there are many sad cases where the surviving spouse was forced to sell up to pay taxes and sums to other entitled relatives of the deceased, simply because no will was made.

Take legal advice and make a will now, it's never too early.

© Maria Davies, www.WomenInPropertyInvestment.com
This article may be distributed or reproduced in full provided the above Copyright line is also included in full.


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Disclaimer: This website is based on personal findings. It does not constitute financial advice. Any information should be considered in regard to your own specific circumstances. All recommendations are followed at your own risk and all your financial decisions should be as a result of your own research

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