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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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Report Deltâ May 31, 2013 8:20 AM BST
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
Report jerseyboy May 31, 2013 8:53 AM BST
come to the C.I.  NO SUCH TAX HERE ...
Report AyersRock May 31, 2013 9:50 AM BST
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?
Report pumphol. May 31, 2013 10:09 AM BST
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/inherit...
Report Deltâ May 31, 2013 10:28 AM BST
yes

as above
Report Deltâ May 31, 2013 10:30 AM BST
if a couple [married] and the first deceased has no allowance used - 2nd death can utilise the unused element - ie £650k [325 x 2]
Report elise May 31, 2013 10:36 AM BST
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?
Report madasahatter May 31, 2013 11:00 AM BST
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'.
Report madasahatter May 31, 2013 11:04 AM BST
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.
Report madasahatter May 31, 2013 11:08 AM BST
.......... only if there was not enough residue in the estate would the recipient be pursued for the tax.
Report madasahatter May 31, 2013 11:21 AM BST
......... 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
Report AyersRock May 31, 2013 11:24 AM BST
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?
Report AyersRock May 31, 2013 11:26 AM BST
or bought things from all those you planned to give money too, and overpayed on everything,
Report d13phe May 31, 2013 11:31 AM BST
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.
Report AyersRock May 31, 2013 11:40 AM BST
what if the transaction was made abroad when inheritance tax laws if any are different?
Report elise May 31, 2013 12:06 PM BST
could you buy something such as a piece of art, and sell it to someone for a nominal fee?
Report Dotchinite May 31, 2013 12:07 PM BST
Makes no difference.
Report AyersRock May 31, 2013 12:10 PM BST
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
Report madasahatter May 31, 2013 12:10 PM BST
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
Report Dotchinite May 31, 2013 12:13 PM BST
"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
Report elise May 31, 2013 12:14 PM BST
could two uk redsidents transfer cash between swiss bank accounts?
Report AyersRock May 31, 2013 12:24 PM BST
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
Report madasahatter May 31, 2013 12:28 PM BST
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'.
Report Dotchinite May 31, 2013 12:30 PM BST
"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.
Report AyersRock May 31, 2013 12:33 PM BST
why wouldnt it work? seems straightforward to me.
Report Dotchinite May 31, 2013 12:34 PM BST
There are rules to prevent transfers between connected people.
Report Dotchinite May 31, 2013 12:35 PM BST
Well not to prevent them happening but to ensure the values are accurate.
Report AyersRock May 31, 2013 12:39 PM BST
i wonder if thats law thhough
Report Dotchinite May 31, 2013 12:43 PM BST
Of course it is.
Report AyersRock May 31, 2013 12:51 PM BST
yeah probably comes under money laundering, still can always move to the channel islands briefly
Report Dotchinite May 31, 2013 12:57 PM BST
Dont think moving briefly works either.
Report AyersRock May 31, 2013 1:01 PM BST
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
Report Dotchinite May 31, 2013 1:17 PM BST
"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.
Report d13phe May 31, 2013 1:18 PM BST
its a voluntary tax.

if you dont want your estate to pay it there are plenty of things you can do to mitigate it.
Report Gin May 31, 2013 1:26 PM BST
Bitcoins? Laugh
Report the silverback May 31, 2013 9:16 PM BST
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.
Report polybot June 1, 2013 2:38 AM BST
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.
Report madasahatter June 1, 2013 11:12 AM BST
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.
Report AyersRock June 1, 2013 11:19 AM BST
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,
Report mengmeng June 1, 2013 11:29 AM BST
obviously everybody hates to pay tax but i understand the point of it ect but i cannot agree with inheritence tax its a joke, if someone has worked all their life paying taxes on what they have earnt and then dies why should the government have any right to take a cut of the value on somebody elses personal possessions. I just cannot see how it can be justified or legal in any way.
Report boris-the-animal June 1, 2013 7:20 PM BST
mengmeng

Inheritance tax should be one of the least controversial of taxes and I just don't understand all the uproar.

We have to pay taxes several times whenever there is a transfer of good and services. We first pay income/NI taxes and still have to pay so many duties on top out of that after tax money and we pay VAT on everything and even on VAT the duty itself!!!

So you almost cannot provide any paid labour without having to pay taxes on that and I find that more objectionable.

IHT on the other hand is more morally defensible tax since it tends to apply to people who recently have been using the benefit of the state a bit more in the form of NHS care, pensions etc so it is fair to take from their estate a bit more and the beneficiaries have done no work to earn that money so should rightly pay tax on that income.
Report RickiBobby June 1, 2013 8:12 PM BST
If you get a decent sum from an inheritance ,don't tell anyone ,otherwise you could face an on slaught of jealous from everyone around you.
" loose lips sink ships". Pay the tax but don't tell anyone how much you received. It's not worth going outside the law ,with all the stress of wandering if they'll claim it back ,which they could.
Report brendanuk1 June 1, 2013 8:16 PM BST
How does the estate get measured in the first place?

If aunt Fanny has box of jewellry, who is going to come into her house after her death, rummage in her house to find the box, evaluate its worth then tell the tax man Confused
Report bongo June 1, 2013 8:24 PM BST
I'm guessing that boris doesn't have children ( i don't either ), but try to imagine that you do and that you've invested a lot in them and their children ( your grandchildren ) as well.

One of them has a business plan - do you want them to plead to a bank for a loan, or do you want to help them after you've gone.

It's an amazing world - if you want to see your grandkids get some help from you then the State can compulsorily take 36-40% first of everything over 325k. If you've got organs worth passing on, but you hate the State or simply don't care about the human race as a whole, then they and the people who might benefit from a transplant can feck off.

Imv, at the end of it all, taxes are set at levels the State thinks it can get away with - realpolitik.
Report rob_dylan June 1, 2013 8:32 PM BST
Anything over about a million should be taken away wholesale, noone actually deserves that money.  But could be useful for schools, hospitals and trident nuclear submarines.  Trouble is the proper rich will just find a way round the rules either way so the argument is all epidemic anyway.
Report boris-the-animal June 2, 2013 9:48 AM BST
Bongo

You are right I have no kids but I do have parents though.

If you actually wanted to help your kids or grand kids you would do it during your life time and perhaps have joy in seeing them making a success of their lives.

If you love your children and trust them to do good with your money, just help them out while your alive otherwise they will have to share it out with the society that enabled you accumulate that wealth, Simples!!!

There is no moral reason for the state to tax us on wages we actually earn but not taxing us when we inherit out of other people's efforts!!!
Report d13phe June 3, 2013 11:44 AM BST
bloody hell rob

do you wear Red all week long? Shocked
Report Java June 3, 2013 1:27 PM BST
"Anything over about a million should be taken away wholesale, noone actually deserves that money.  But could be useful for schools, hospitals and trident nuclear submarines"

It would certainly be useful for that in an ideal world, but like all tax it will be spent on politicans' vanity projects, useless council workers, wars and benefits.  So imo, the govt can get stuffed.
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