Expat UK Inheritance Tax

Expat Inheritance Tax Planning IHT

“Inheritance Tax is, broadly speaking, a voluntary levy paid by those who distrust their heirs more than they dislike the Inland Revenue.” Roy Jenkins MP, Commons debate, 1986

This web page was written in 2015. For the latest information please contact us.

UK Inheritance Tax Planning: IHT Changes £1m NIL Rate Band

Nothing about IHT planning is simple, especially not the new £1m main residence nil rate band. Zurich’s Andy Woollen explores the changes.

For many years now the number of estates paying inheritance tax (IHT) has been steadily rising, culminating in the highest-ever annual and monthly IHT receipts of £3.8bn in 2014/15 and £427m in June 2015.

And with the number of estates forecast to pay IHT set to increase to one in ten by 2020/21, the government has been promising to do something for a while (more than five years in fact).

As widely anticipated in the media, George Osborne announced in his Summer Budget speech that he would fulfil his longstanding promise to remove the family home out of IHT for all but the wealthiest.

Specifically he said: “You can pass up to £1m on to your children free of IHT. No more IHT on family homes.”

Of course, he was talking about the new transferable ‘main residence nil rate band’ (MR-NRB).

This statement has in turn been widely reported and you could forgive the public for believing that they now have a £1m nil rate band, or that their house is now exempt from IHT. If only it was that simple.

Devilish details

Basically, the MR-NRB will apply to individuals who pass their residential property to their children/grandchildren when they die. Let’s look at this in a bit more detail.

The main point to note is that the new allowance won’t be available in full for another five years (until after the next election), as it is being phased-in over four years starting from April 2017 as follows:

  • 2017/18 : £100,000
  • 2018/19 : £125,000
  • 2019/20 : £150,000
  • 2020/21 : £175,000

A lot can happen in five years to both governments and clients, so what happens if the client dies before they can fully benefit from the MR-NRB?

In the same way as the personal NRB, any unused MR-NRB will be transferable  to a surviving spouse/civil partner.

The benefit will apply if the second spouse/civil partner dies on or after 6 April 2017, regardless of when the first of the couple died, so it does include existing widows/ers.

This is how the aspirational £1m nil rate band is achieved. It means that single people will potentially only get half of this amount.

What about unmarried couples?

As the transferability rules do not apply, each individual would have to leave their share of the residential property (if held as tenants-in-common) to their direct descendants in order to benefit.

It is proposed that where part of the MR-NRB might be lost because the deceased had downsized or had ceased to own a residence (maybe to go into care) on or after 8 July 2015, that part (of the MR-NRB) will still be available provided that the deceased left a downsized residence or assets of equivalent value to direct descendants.

This proposal was included due to a concern that the MR-NRB would act as a disincentive for elderly people to downsize from expensive homes during an acute UK housing shortage.

This specific proposal will be the subject of a consultation to be published in September 2015.

However, if the net value of the estate, not just the residential property value, is above £2m after deducting any liabilities, but before reliefs and exemptions, the MR-NRB will be tapered away by £1 for every £2 where the net value exceeds £2m. Effectively a 60% tax trap.

And then, of course, if you have no direct descendants or don’t leave your residential property to them, then it doesn’t apply anyway. A direct descendant will be a child (including a step, adopted or fostered child) of the deceased and their lineal descendants (i.e. grandchildren).

It’s also worth noting that the value of the MR-NRB for an estate will be the lower of:

  • the net value of the interest in the residential property (after deducting any liabilities such as a mortgage) or
  • the maximum amount of the MR-NRB.

The qualifying residential interest will be limited to one residential property, but personal representatives will be able to nominate which residential property should qualify if there is more than one in the estate.

But a property that was never a residence of the deceased, such as a buy-to-let property, will not qualify.

So this could mean that properties bought on a shared ownership basis or held as tenants-in-common could reduce the value that would qualify against the MR-NRB.

Who will be the winners and losers of the MR-NRB?

Who How much MR-NRB  from 2020/21 Overall NRB from 2020/21
Married couples and civil partners Up to £350,000, as transferable Up to £1m, as transferable
Widow/ers and surviving civil partners
Unmarried couples Up to £175,000 each, but not transferable Up to £500,000 each, but not transferable
Singletons, spinsters and bachelors Up to £175,000 only Up to £500,000 only
Divorcees
Net estates above £2m Tapered down to Nil Up to £325,000 each, or £650,000 if transferable
No direct descendants Nil
Not left to direct descendants

This is borne out by the Treasury’s own estimates of the number of estates they forecast to pay IHT in 2020/21 of 63,000 dropping to only 37,000 as a result of these changes.

Opportunity

Apart from having certainty of the detail around MR-NRB, on which to base discussions with your clients, IHT planning still offers benefits for clients, including those who will benefit fully from the MR-NRB, but have large estates.

Furthermore, there is an immediate opportunity for those clients that are exposed to a decreasing IHT liability during the phasing-in period.

Case study

Spencer is a widower aged 75 with a house worth £350,000 and other assets of £650,000.

With his and his spouse’s 100% transferable personal NRB (totalling £650,000) his estate would be liable to IHT of £140,000.

If he dies after 2020/21 and leaves his house to his children, then the full transferable MR-NRB of £350,000 will apply to his house, reducing his IHT liability to zero (all other things being equal).

However, if he does no IHT planning and dies before 2020/21, what would the exposed IHT liability be?

The table shows his reducing IHT liability, as the MR-NRB phases-in:

Tax year MR-NRB per couple IHT saving Reducing IHT liability
2015/16 £140,000
2016/17 £140,000
2017/18 £200,000 £80,000 £60,000
2018/19 £250,000 £100,000 £40,000
2019/20 £300,000 £120,000 £20,000
2020/21 £350,000 £140,000

This is where protection products can play a part.

Most affordable would be a series of term assurances to cover the reducing IHT liability in a gift inter vivos-esque way.

Then there is straightforward level term assurance or for added flexibility, don’t forget about convertible term assurance.

And finally, in expectation of an increasing IHT liability, maybe use a guaranteed whole of life plan with indexation.

Either way, the introduction of the MR-NRB is not simple and gives you a reason to discuss IHT planning with your clients and presents many opportunities to use protection or asset-backed solutions (such as investment bonds) in trust, to mitigate IHT.

Andy Woollen, national accounts, Zurich

Source: Retirement Planner Aug 25 2015

George Houston won’t say no to George Osborne’s £1m IHT threshold changes but warns it comes with a catch (or two)…

Many clients identify inheritance tax and estate planning as a key area of interest to them and their families and it is always good to be able to deliver good news when it finally emerges and let’s face it – that can be a rare occurrence.

In his recent Summer Budget speech, Chancellor George Osborne was finally able to deliver on his promise to help us all pass on our family homes to the next generation without having to suffer inheritance tax (IHT).

This news has been largely welcomed. As is generally always the case, the devil lies in the detail.

It is probably best to recap on how IHT works at the moment before looking at the new rules that will be implemented from April 2017, almost two years away.

  • On death, if an estate is worth more than £325,000, IHT is charged at 40% on the amount above this “nil rate band”
  • Where an estate is passed to a surviving spouse or civil partner, no IHT is payable until the survivor dies and the estate is then able to use the unused nil rate band, giving a tax free amount of £650,000 on the second death before IHT is payable

There’s a catch (or two)

So, where does the £1,000,000 tax-free amount come from and when will clients actually benefit from it?

The Chancellor has proposed that a new “main residence nil rate band” is introduced.  This will give everyone an additional £175,000 where the family home is passed to direct descendants (children or grandchildren for example).

This is the first catch; those with no children to pass the family home to, will have no benefit from the additional relief.

Where there are direct descendants, adding the additional £175,000 each for a couple brings the total relief to the magic number of £1m.

The second catch is that the additional relief is being phased in over a number of years, starting at an additional £100,000 for deaths after April 2017 and eventually reaching £175,000 in April 2020.

Of course, the additional relief is a welcome addition to alleviate the effects of IHT.

This applies as long as the net value of the estate (after deducting liabilities but before reliefs and exemptions) is worth less than £2m.

The third catch is that if the net estate is worth more than this, the main residence nil rate band will be tapered back by £1 for every £2 above that limit.

Advice required

While many will benefit from the changes, it is clear to see that the headlines may not reflect reality and there is no doubt that this remains an important area where advisers are able to help.

The starting point for estate planning with clients is often the completion or updating of wills.

These are crucially important to ensure that their wishes are carried out on death, otherwise the rules of intestacy will be applied and that isn’t satisfactory for anyone.

After the wills are completed, there are many strategies that can be adopted to either provide for payment of IHT on death or to mitigate the effects of this penal tax through the use of gifting allowances, non-aggressive trust planning and tax-privileged investments.

For advisers looking to grow their businesses, the pension freedoms and subsequent changes to death benefits offer broad opportunities.

There are a wide range of solutions available, including some excellent trust solutions that will suit clients with different requirements.

Source: Retirement Planner Jul 31, 2015

What Is The Best IHT Planning You Can Make

There are two essential IHT Tax planning strategies that everybody should follow.

The first is life insurance written under a “Trust”, this ensures that the life insurance proceeds on your premature death pass outside of your estate, thus legally avoiding UK IHT liabilities, directly to your beneficiaries.

The second is the correct application of UK Pension legislation.

UK Pension legislation states that all premature death benefits (pension life insurance benefits and any remaining underlying fund values) from a UK Pension Scheme pass outside of your estate, thus legally avoiding UK IHT liabilities, directly to your beneficiaries.

The caveat being; all of the above are subject to jurisdiction tax laws.

To find out how UK Pension legislation can help you; both during your life time and your beneficiaries on your premature death, please download your FREE QROPS and SIPP Guides.

Make sure you are making the most of your UK Pensions

We are contacted by people throughout the world who have a UK pension, and who would like to explore their options about transferring UK Pensions usually for one of the following reasons:

1. To Secure YOUR pension (money); UK Pensions Deficits YOUR pension (money) is at risk.
2. To Reduce YOUR Tax and increase you pension income for you to spend as you wish during your lifetime.
3. To Secure the MAXIMUM benefits for your loved ones.

Established UK Pensions specialists within the worldwide UK Pensions advisory environment; considered the go to advisory worldwide for UK Pension Transfers to Qualifying Recognised Overseas Pension Schemes QROPS and Self Invested Personal Pensions SIPP (SIPPS) UK Pensions wherever you are in the world.

Our highly experienced UK pension advisers will review your UK pensions and if appropriate, will work with you to transfer them into a Qualifying Recognised Overseas Pension Scheme (QROPS) or a Self Invested Personal Pension Plan (SIPPS) whichever is more appropriate for you.

We advise, service, and arrange QROPS UK Pensions and SIPP UK Pensions for clients from all over the world for example we have clients in Australia with the main enquires coming from Adelaide, Brisbane, Canberra, Darwin, Gold Coast, Melbourne, Newcastle, Perth, Queensland, Sydney, and Victoria, New Zealand NZ, United Arab Emirates UAE, Dubai, Bahrain, Spain, Italy, Greece, Portugal, USA, Canada, South Africa, Brazil, Mexico, India, Pakistan, France, Monaco, Germany, Switzerland, Yemen, Saudi Arabia, Panama, Costa Rica, and all of Asia; Hong Kong, Macau, Belize, Indonesia, Japan, Singapore, Taiwan, Malaysia, Mongolia, Myanmar, Thailand, Philippines, Vietnam, including all of China.

So no matter where you are in the world we can help and advise you; and should a QROPS UK Pensions or a SIPP UK Pensions transfer be the right course of action for you we can make all of the arrangements for you.

We have been at the forefront of the development of QROPS UK pensions and SIPP UK pensions worldwide since their inception; and we retain strong links with the most respected QROPS and SIPP providers worldwide. We are the most experienced independent advisory company in the worldwide QROPS and SIPP market place. Advising not only private clients, but also private bankers at some of the largest institutions such as UBS, HSBC, and Credit Suisse.

This web page was written in 2015. For the latest information please download the latest FREE QROPS UK Pensions Guide and FREE SIPP UK Pensions Guide.

For full details, please download both of our FREE QROPS UK Pensions Guide, and FREE SIPP UK Pensions Guide so that you can decide for yourself. The Information could be worth £1,000’s to YOU!

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This web page was written in 2015. For the latest information please download the latest FREE QROPS UK Pensions Guide and FREE SIPP UK Pensions Guide.

It STILL is All About RISK Management (see below)

However, can you believe it!

HMRC has helped UK domiciles with their newly announced rules and regulations regarding UK IHT for UK Domiciles married to Non UK Domiciles (2013).

It helps UK Domiciles who are married to Non UK Domiciles for example a UK Domicile married to a Hong Kong Domicile person (male or female).

And it surrounds the UK IHT nil rate band and the election to transfer it to the Non UK Domicile; together with the election option for the Non UK Domicile to become a UK Domicile either immediately or on the premature death of on the UK Domicile; and importantly this election can be revoked after 3 years.

There are many connotations for using the new rules and regulations depending on specific personal circumstances.

For more information and how the new rules and regulation may help you. Please feel free to contact us.

Its All About RISK Management 

Our UK Inheritance IHT Guide  (2011) has attracted some interest from worldwide professionals, especially from the legal profession.

Here is an article from Graeme Stenson a private tax specialist at Kleinwort Benson featured in International Adviser Nov 2012.

The UK Domiciled, the UK Deemed Domiciled and the completely baffled: who is affected by UK Inheritance Tax (IHT)

The difference between domiciled and “deemed” domiciled is more than just an extra six letters.

Chargeability to UK IHT, for example, depends on where a person is domiciled or ‘deemed’ to be domiciled. If a person is domiciled or deemed domiciled in the UK, they are liable to IHT on their worldwide assets, wherever these happen to be situated.

Individuals not domiciled in the UK are also liable to IHT, but only on assets actually also situated in the UK.

Domicile is specific to the UK, and does not necessarily correspond with either residence or nationality. It is a concept that cannot be covered in its entirety in an article as brief as this; but hopefully the following introduction can serve as a foundation for those interested in becoming knowledgeable in this tricky area.

UK Domiciled and UK Deemed Domiciled individuals

These individuals will be liable to UK IHT on worldwide assets, so would be well advised to consider planning techniques to minimize the impact.

It is essential to recognize that domicile is a different concept from “deemed domiciled”, which is an IHT concept only, and applies where an otherwise non-UK-domiciled person (that’s a person who has always never been classed as a UK Domiciled person) has been resident in the UK for 17 out of the last 20 tax years.

In order to lose (possibly; and will always be tested by HMRC on a persons’ premature death) UK domicile status, it is necessary for a person to be domiciled abroad for a period of at least three UK tax years, and demonstrate that they do not intend to return to the UK. ((again applies to a non-UK-domiciled person (that’s a person who has always never been classed as a UK Domiciled person))

In this respect, they will need to cut all ties with the UK, including, for example, selling property, closing bank accounts and cancelling club subscriptions.

Other actions that reinforce the decision include drawing up a foreign will, and demonstrating a wish to be buried in the new jurisdiction.

Non UK Domiciled (that’s a person who has always never been classed as a UK Domiciled person)

In the case of those not domiciled in the UK, the location of their assets is essential in assessing what is included for UK IHT.

There are special IHT rules for establishing the location of an asset. The relevant moment is when the “Transfer of value” occurs. This includes death.

For example: land, buildings or leases over them are located where the land is situated; bank accounts are located where the bank or branch holding the account is situated; and the location of registered shares and securities depends on where they are registered or traded.

Debts owed to the deceased are where the debtor is at the time of the transfer or on death. Chattels and personal possessions are where the item is situated at the time of the transfer or at the date of death.

In the case of insurance policies, it is the location of the issuer of the policy, unless it is issued under seal, in which case it is where it is physically located.

The position with certain UK government securities is that if the transferor was not ordinarily resident in the UK at the date of the chargeable event, then those that are exempt from tax are also treated as excluded property.

From this, it emerges that in relation to anyone not domiciled in the UK, one consideration may be to minimize the value of assets located in the UK.

Against this background, it is noteworthy that the ownership of land and buildings in the UK is common among expatriates and wealthy individuals from all over the world.

It is also relatively common for such property to be let, in which case the rental income will be assessable to UK income tax.

In addition, however, since the property is immovable and situated in the UK, it can be challenging to find a solution minimizing exposure to IHT. One consideration might be to mortgage the property, thereby reducing the value physically present in the UK for IHT.

This would depend on the availability of mortgage finance, which cannot be taken for granted in the current environment.

If the assets situated in the UK are movable (for example, a painting or valuable jewelry), the non-domiciled person may wish to consider removing them before a “chargeable event” (such as making a gift) occurs.

It should also be noted that if the value of assets located in the UK is below £325,000 (the value of the nil-rate band during tax year 2011/12), there will be no IHT exposure as matters currently stand.

Tax wrappers and IHT

Finally, it is also important to recognize that assets held within tax wrappers designed to be efficient for other UK taxes may not necessarily be efficient for IHT purposes.

For example, ISAs have no particular IHT advantages, and nor do pensions per se.

However, certain steps can improve IHT efficiency. Where a pension is not drawn, an individual might opt to leave the assets directly to a family member. In this way, the proceeds would not form part of the deceased’s estate, and would not therefore be assessable to IHT.

Conclusion

The concept of domicile is particular to common law jurisdictions, including the UK. Other jurisdictions use different connecting factors in order to tax individuals. Instead of domicile, for example, in other jurisdictions, the connecting factor might be a person’s residence, nationality or citizenship.

This can cause complex cross-jurisdictional conflicts.

It is, therefore, always important that individuals concerned about IHT planning always obtain appropriate advice.

Please do not hesitate to contact us, we are here to help you.

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Expat Guide To UK Inheritance Tax

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Graeme Stenson is private tax specialist at Kleinwort Benson

Source: International Adviser

Expat Guide To UK Inheritance Tax (IHT)

Its All About RISK Management

Now with reference to my UK Inheritance IHT Guide  (2011) I confess that we are not  members of the legal profession who’s role is to argue a point (and get paid for it, usually whether they win or lose); and we are not a private tax specialists.

We are Wealth Managers; and our role is to manage our clients’ wealth. Specifically in relation to their attitude to “Risk”.

Now RISK as we shall argue, is important with regard to UK Inheritance Tax, in fact RISK is the “Salient point”.

Lets take an example to illustrate the point:

A UK Expat who is potentially classed as a UK Domiciled for UK IHT purposes. As we know this will be tested by HMRC on their premature death; and hence their estate will only have confirmation of their Domicile at that point in time.

Please note under UK Tax law; a deceased person’s estate has to prove that it does not owe the IHT tax; so if HMRC says the estate owes HMRC 1m GBP in IHT tax, then the estate has to prove this is not the case.

Now how successful, and at what cost, do you think a persons’ estate will be at arguing in a UK Court of Law, when confronting HMRC with all of their resources that they can bring to hand; for example money and legal resources.

Our view, as we will argue below; is why take the risk.

Lets assume they are single with a net worth of 2m GBP and they prematurely die in 2012.

Their potential IHT liability amounts to some 2,000,000 – 325,000 = 1,675,000 x 40% = 670,000 GBP.

You see if you accept our views contained in our UK Inheritance IHT Guide  (2011) and we am correct we have saved you 670,000 GBP; plus any court and legal fees.

Furthermore, if you accept our views and weour wrong, then no harm has been done. We simply secured your wealth and allowed you to sleep at night.

In Summary

We as Wealth Managers; our role is to manage my clients’ wealth. Specifically their attitude to “Risk”. So as Wealth Managers a large part of my work encompasses RISK Management.

As we have argued, RISK management is important when securing your wealth and particularly with regard to UK Inheritance Tax (charged at 40%); in fact RISK management is the “Salient point” – “Why Take The Risk”.

In Conclusion

Given the uncertainty surrounding UK Inheritance Tax IHT liability.

“Why Take The Risk With UK Inheritance Tax (IHT)”

UK IHT has been described as a voluntary tax; with the right planning nobody should pay any UK Inheritance Tax.

Download our UK Inheritance IHT Guide (2011) please contact us below for our current UK Inheritance Tax outlook.

Whatever your circumstances we are here to help you

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UK British Expat Guide To UK Inheritance Tax (IHT) Its All About RISK Management

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Asia Expat UK Inheritance Tax  and Domicile how much is tax free?

This article sets out the allowances for UK inheritance tax on transfers between spouses or civil partners (as defined in the UK Civil Partnership Act 2004) where one or both are either UK domiciled or non-UK domiciled.

A non-UK domiciled individual will only pay inheritance tax (IHT) on any UK situated assets. On any other assets the country’s tax system where the assets are situated will apply and there may be tax to pay there. However, once an individual becomes UK domiciled then they pay UK IHT on their worldwide assets.

When considering what IHT is due it is important to be aware of the allowances that are available in order to minimise the tax liability where possible. Individuals have what is known as their nil rate band (NRB) allowance is £325,000 for the tax year 2012/2013. In addition to this, between UK domiciled spouses or civil partners all transfers are tax free for IHT purposes, known as the inter spouse exemption. However, this exemption is limited to £55,000 where the domicile of the first spouse or civil partner to die is the UK but the survivor is non-UK domiciled.

The table below sets out the amount that can be transferred free from IHT between spouses or civil partners upon the first death. Where couples are not married the table below does not apply. The position here is that whatever the domicile of either party the amount that can be transferred upon the first death to the survivor is limited to the NRB.

Domicile of deceased Domicile of survivor NRB Full spouse exemption Limited spouse exemption (£55,000) Total amount free from IHT upon   1st death
UK UK Yes Yes No Total estate
UK Non-UK Yes No Yes £380,000
Non-UK UK Yes Yes No Total estate
Non-UK Non-UK Yes Yes No Total estate

However, from 6 April 2013, the limit of £55,000 from which a UK domiciliary can give to a non-UK domiciled spouse free from IHT will increase to the full NRB (currently £325,000). However please see the first paragraph with the 2013 policy changes.

Conclusion

Clearly the IHT position would be vastly effected if there was a high value transfer upon the first death of a UK domiciliary to a non-UK domiciliary rather than to a UK domiciliary. It is therefore important to bear domicile in mind when considering IHT. However, since domicile is not determined until death it may be wise to consider IHT planning to minimise the IHT if the position above may apply.

As the UK polices regarding IHT are constantly changing, please contact us for our latest views; and how they may apply to your circumstances.

Remember we are considering large amounts of money, so its important to get the right advice.

Always seek out Independent Financial Advice

before making any financial decisions

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Expat Guide To UK Inheritance Tax – Information Request

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This web page was written in 2014. For the latest information please contact us.

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