Trusts and Inheritance Tax

Charge on death

Produced by Tolley
  • 10 Jan 2022 15:01

The following Trusts and Inheritance Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • Charge on death
  • The rates of IHT
  • Additional charge on death
  • Calculation of the tax on each transfer
  • Estate charge on death
  • Calculation of the estate charge
  • Apportioning the charge

Charge on death

This guidance note outlines how to calculate the amount of inheritance tax that arises on death. It should be read in conjunction with the example calculations indicated in the text.

The tax charge on death falls under two headings:

  1. the ‘additional charge’ ― which arises on the chargeable lifetime transfers (CLT) and the potentially exempt transfers (PET) made in the seven years before death, and

  2. the ‘estate charge’ ― which arises on the value of all the property the deceased owns (or is deemed to own) immediately before death

HMRC has produced an Online IHT checker to give an estimate of the IHT due. HMRC warns, however, that this does not calculate the IHT (it merely estimates) and is not a substitute for the required reporting procedures.

The rates of IHT

When a chargeable transfer is made, whether during lifetime or on death, part or all of it may fall within the nil rate band. Technically, a 0% rate of tax is applied to this portion, which is calculated using the cumulation principle. The cumulation principle determines the amount of nil rate band available to each transfer with reference to transfers in the previous seven years. See the Nil rate band guidance note.

To the extent that the transfer exceeds the nil rate band, it is charged to tax at either the death rate or the lifetime rate. The primary rate at which IHT is charged on death is 40%, although there are provisions for a reduced rate of 36% when

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