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AyersRock
31 May 13 07:34
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Date Joined: 27 Oct 11
| Topic/replies: 8,683 | Blogger: AyersRock's blog
if you knew you were going to die or you were just in old age and you came to the point either way where you decided you wanted to divide almost or all all of your savings amongst you children - or whoever you wanted too, let's say it ran into the tens of thousands.....

this is obviously tax avoidance - but would you get done for tax evasion when you died? - not you obviously but the money - could it be subjected to inheritance tax still for some reason?

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Replies: 48
By:
Deltâ
When: 31 May 13 08:20
if over the IH allowance [currently £325k] and gifted with the last 7 years then the estate is still subject to inheritance tax on a sliding scale
By:
jerseyboy
When: 31 May 13 08:53
come to the C.I.  NO SUCH TAX HERE ...
By:
AyersRock
When: 31 May 13 09:50
delta i dont understand, if every penny has been given away,. lets say 800k, and that money has been spent already on various things by the recipitants before the person has died? any tax reprecussions?
By:
pumphol.
When: 31 May 13 10:09
Yes if given away & you die within seven years the recipients would have to pay Inheritance Tax on the " gift " see chart for percentage of  taper relief from the 40% tax that should be paid.

http://community.betfair.com/chit_chat/go/thread/view/94038/29949701/inheritance-tax
By:
Deltâ
When: 31 May 13 10:28
yes

as above
By:
Deltâ
When: 31 May 13 10:30
if a couple [married] and the first deceased has no allowance used - 2nd death can utilise the unused element - ie £650k [325 x 2]
By:
elise
When: 31 May 13 10:36
what's the best way to give a significant amount to someone with no risk of paying the tax should you die within the 7 years or if unexpected how can you minimise the payments on death?
By:
madasahatter
When: 31 May 13 11:00
what's the best way to give a significant amount to someone with no risk of paying the tax should you die within the 7 years or if unexpected how can you minimise the payments on death?

The 'no risk' qualification is not possible - every asset has a risk.

Leaving that caveat aside, options for mere mortals might be;

Transfer assets over the IHT limit into 'Managed Woodland'; 'Working Farm'; 'AIM Shares'; Use the annual exemption limit on gifts; give away any unspent annual income.

There are also options with 'Trusts', but these are expensive to set up, need to be closely managed as the legislation is a 'shifting sand' and may be retrospective with the possibilities of 'annulment'.
By:
madasahatter
When: 31 May 13 11:04
Yes if given away & you die within seven years the recipients would have to pay Inheritance Tax on the " gift " see chart for percentage of  taper relief from the 40% tax that should be paid.

No, the tax burden falls on the estate.
By:
madasahatter
When: 31 May 13 11:08
.......... only if there was not enough residue in the estate would the recipient be pursued for the tax.
By:
madasahatter
When: 31 May 13 11:21
......... as better explained here.

The seven-year rule - 'potentially exempt transfers'

Any gifts you make to individuals will be exempt from Inheritance Tax as long as you live for seven years after making the gift. These sorts of gifts are known as 'Potentially Exempt Transfers' (PETs).

However if you give an asset away at any time, but keep an interest in it - for example you give your house away but continue to live in it rent-free - this gift will not be a potentially exempt transfer. Follow the link below to find out more.

If you die within seven years and the total value of gifts you made is less than the Inheritance Tax threshold, then the value of the gifts is added to your estate and any tax due is paid out of the estate.

However, if you die within seven years of making a gift and the gift is valued at more than the Inheritance Tax threshold, Inheritance Tax will need to be paid on its value, either by the person receiving the gift or by the representatives of the estate.

If you die between three and seven years after making a gift, and the total value of gifts that you made is over the threshold, any Inheritance Tax due on the gift is reduced on a sliding scale. This is known as 'Taper Relief'.

From here: http://www.hmrc.gov.uk/inheritancetax/pass-money-property/exempt-gifts.htm
By:
AyersRock
When: 31 May 13 11:24
What if you simply bought your wifes car or businee for a million pounds and put it all down in writing? a business deal? obviously overpaying but still?
By:
AyersRock
When: 31 May 13 11:26
or bought things from all those you planned to give money too, and overpayed on everything,
By:
d13phe
When: 31 May 13 11:31
still deemed as a gift for IHT purposes.

if you bought an asset that qualified for business property relief it would be exempt after 2 years.
By:
AyersRock
When: 31 May 13 11:40
what if the transaction was made abroad when inheritance tax laws if any are different?
By:
elise
When: 31 May 13 12:06
could you buy something such as a piece of art, and sell it to someone for a nominal fee?
By:
Dotchinite
When: 31 May 13 12:07
Makes no difference.
By:
AyersRock
When: 31 May 13 12:10
why would a business transaction be subjected to inheritance tax - it makes no sense - surely this cant be right?

OR why would a normal deal, be subjected to inheritance tax, so like when you buy something or sell something on ebay - you dont pay inheritance tax - the person who bid the highest pays that amount, so you simply overpay and bid the highest amount
By:
madasahatter
When: 31 May 13 12:10
what if the transaction was made abroad when inheritance tax laws if any are different?

No, that won't work unless the donor is no longer a resident in the UK.  So take up residency in Isle of Man, CI or NZ maybe.  List here:

http://en.wikipedia.org/wiki/Inheritance_tax
By:
Dotchinite
When: 31 May 13 12:13
"why would a business transaction be subjected to inheritance tax - it makes no sense - surely this cant be right?

OR why would a normal deal, be subjected to inheritance tax, so like when you buy something or sell something on ebay - you dont pay inheritance tax - the person who bid the highest pays that amount, so you simply overpay and bid the highest amount"


That will work if you want to give all your money to a total stranger.

Im happy to help if you wish to pursue this option
By:
elise
When: 31 May 13 12:14
could two uk redsidents transfer cash between swiss bank accounts?
By:
AyersRock
When: 31 May 13 12:24
so you temporarily take up residence in another country and then make a payment, and then simply move back? sounds ok to me

dotchinite - if you wanted to give a million to a loved one before you died, to avoid the tax you could asked the love one to sell a car on ebay - and then pay a million, nobody else would bid that amount - thats what i meant
By:
madasahatter
When: 31 May 13 12:28
What if you simply bought your wifes car or businee for a million pounds and put it all down in writing? a business deal? obviously overpaying but still?

You can transfer assets between spouses to avoid IHT on the first death.  No need for any 'dodgy deals'.
By:
Dotchinite
When: 31 May 13 12:30
"dotchinite - if you wanted to give a million to a loved one before you died, to avoid the tax you could asked the love one to sell a car on ebay - and then pay a million, nobody else would bid that amount - thats what i meant"

That wouldnt work.
By:
AyersRock
When: 31 May 13 12:33
why wouldnt it work? seems straightforward to me.
By:
Dotchinite
When: 31 May 13 12:34
There are rules to prevent transfers between connected people.
By:
Dotchinite
When: 31 May 13 12:35
Well not to prevent them happening but to ensure the values are accurate.
By:
AyersRock
When: 31 May 13 12:39
i wonder if thats law thhough
By:
Dotchinite
When: 31 May 13 12:43
Of course it is.
By:
AyersRock
When: 31 May 13 12:51
yeah probably comes under money laundering, still can always move to the channel islands briefly
By:
Dotchinite
When: 31 May 13 12:57
Dont think moving briefly works either.
By:
AyersRock
When: 31 May 13 13:01
im sure people are aware of any loop holes if need be, was just interested to know which

im not trying advocate tax avoidance - its just this tax is all shades of wrong imo, like window tax was
By:
Dotchinite
When: 31 May 13 13:17
"im sure people are aware of any loop holes if need be, was just interested to know which"

Loophole is wrong word I think, its all about advanced tax planning that is within the law.
By:
d13phe
When: 31 May 13 13:18
its a voluntary tax.

if you dont want your estate to pay it there are plenty of things you can do to mitigate it.
By:
Gin
When: 31 May 13 13:26
Bitcoins? Laugh
By:
the silverback
When: 31 May 13 21:16
Naive question. But assuming there is no formal record kept by the deceased, who is responsible for tracking down any gifts made by the deceased, and how.
By:
polybot
When: 01 Jun 13 02:38
Easiest solution is to divorce your wife and split the estate, you then marry your oldest son and your now ex-wife marries the next oldest child on the understanding that if anyone dies the survivor marries the next in line.
By:
madasahatter
When: 01 Jun 13 11:12
Naive question. But assuming there is no formal record kept by the deceased, who is responsible for tracking down any gifts made by the deceased, and how.

It's the executors task to manage the estate.  They will often be close family members so will have knowledge of any 'arrangements'.  If the executors are Banks or Solicitors they will ask about any 'arrangements' that have been made.

It is very difficult to transfer assets without leaving an audit trail.  It is also difficult for any beneficiary of an 'arrangement' to conceal their good fortune ....... and there are plenty of 'jealous' non-benefactors ready to shop 'em.
By:
AyersRock
When: 01 Jun 13 11:19
if you gave a gift of say a million, and then spent most of it within a 4 or 5 years and the the person that gave it died, there  is no way inheritance tax can be taken as most of it would be gone,
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