Inheritance Tax (United Kingdom) - meaning of word
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Inheritance Tax (United Kingdom)



In the United Kingdom, Death Duty was first introduced as a tax on estates in England and Wales over a certain value from 1796, then called legacy, succession and estate duties. The value changed over time and the scope of estate duty was extended. By 1857 estates worth over £20 were taxable but duty was rarely collected on estates valued under £1500. Estate duty was replaced in 1975 by Capital Transfer Tax, which was replaced by Inheritance Tax (IHT) in 1986. Given the plans made to avoid it, Inheritance Tax is a small, but remains by no means insignificant, revenue generator for the UK government, around £2 000 000 000 in 2001. As of 2005 the rate is 40% on the value of all of an individual's estate over £275,000 (for the 06 April 2005-05 April 2006 tax year). This is known as the Nil Rate Band. This excludes certain property including everything transferred to a spouse, charities political parties and certain assets such as agricultural land and woodland. However, as the estate of a deceased person includes all of their worldly belongings, such as houses and the like, many people can fall foul of this tax. On death there is a minimum of 12 months of probate, during which solicitors assess the value of the estate and consider challenges. If there is insufficient cash to pay the tax and the solicitors' bill, then assets must be sold. In order to avoid the tax, many people with large estates will practice some or all of the following avoidance measures: *The giving of assets in a trust (property) fund before death. *Gifts before death (small gifts up to £250 and regular gifts of £3,000p.a. do not count as well as there being exemptions on wedding gifts depending on the donor's relationship to the newly wed) *Transferring assets to a spouse -all exempt *Equalizing the estate (see below) Generally, gifts made seven years before death are exempt from inheritance tax. Once an asset is transferred it is its value at the time that is counted and any future gains or lossed are outside the estate. Where total gifts exceed the nil rate band the potential tax on the excess will reduce by 20% of the original value from each anniversary starting from the third and finishing at zero by the seventh. Gifts made which still provide a benefit to the original owner may be treated as Gifts with Reservation which normally makes them remain taxable. Examples include giving a house away but continuing to live in it rent free or retaining the right to recieve the income stream from capital held in trust. If the individual receives income from a trust that someone else has set up, it may be considered an interest in possession trust and be counted as part of their estate on death, despite having no control over the capital. Equalization is one way by which married couples can doubles their Nil Rate Band. There is no tax on transfers between spouses and the problem normally occurs on the second death (there is still deemed to be a first and second death even if the couple die together). An estate in joint names or that has already passed to the spouse benefits from only one nil rate band. Making the wills and definitions of ownership, can strip out one nil rate band on the first death leaving without affecting any future exemption on the second The 2004 Finance Act aimed to reduce the number of avoidance measures, most notably on preowned assets that were still being enjoyed. One area affected family homes in trust where the original owner was still resident. Where they were paying a market value rent, which previously avoided the Gift with reservation rule, the Act enforced the reversal of all trust arrangements dating back to 1986 (seen by many as unrecedented retropective legislation) unless income tax was levied on the rent paid. Taxation in the United Kingdom


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Inheritance_Tax_(United_Kingdom)


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