The following Trusts and Inheritance Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
Expenses and liabilities may reduce the value of property to be charged to inheritance tax. This general principle arises from the ‘meaning of estate’ given in IHTA 1984, s 5 which includes the provision:
“In determining the value of a person's estate at any time his liabilities at that time shall be taken into account, except as otherwise provided by this Act.”
Transfers of value are quantified with reference to the amount by which a person’s estate has diminished. The transfer on death is equal to the value of the whole of a person’s estate immediately before his death. It follows that the value of transfers is reduced by the associated liabilities.
When considering settled property, inheritance tax is charged with reference to the ‘value of the property or part at that time’.
The value of any property for inheritance tax purposes is ‘market value’. The market value of assets is reduced by liabilities.
The practical application of these general principles to the valuation of property for IHT means that, for example:
the value of a death estate is reduced by the deceased's outstanding personal debts such as household bills and credit cards
the value of a gift (eg a house) is reduced by liabilities attached to it (eg a mortgage)
the value of settled property is reduced by the trustee's outstanding debts such as professional fees
See Example 1, which also illustrates some of the principles described below.
The general principles are qualified and expanded by a number of specific legislative provisions.
A liability is allowed only if:
it is imposed by law
it was incurred for consideration in money or money's worth
IHTA 1984, s 5(5)
Where the taxpayer has a contractual debt, such as an electricity bill, or he has not yet paid for goods or services received, the liability is allowable. The position is more difficult with a voluntary payment such as the promise of a gift, or an oral agreement
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login
The vast majority of companies will have loan relationships and so will need to consider how they are taxed under the loan relationship rules. There are also specific provisions dealing with relevant non-lending relationships and other deemed loan relationships. Companies are generally taxable on
Terminal loss relief for trade losses in the final 12 monthsTrading losses incurred by a company in the final 12 months leading up to the discontinuance of trade may be carried back for up to three years from the period beginning immediately before that 12-month period. So if the final accounting
A ‘pilot trust’ is one that holds a nominal amount of property (typically a small sum of cash) and does not become active until further funds are added later. The later addition is sometimes made on the client’s death by a gift in his Will. The use of pilot trusts in conjunction with Wills became a
Duty to prepare estate accountsThe Personal Representatives' (PRs) legal obligation to prepare accounts is set out in Section 25 of the Administration of Estates Act 1925. Their prescribed duties include:when required to do so by the Court, exhibit on oath in the Court a full inventory of the estate
To view our latest tax guidance content, sign in to Tolley Guidance or register for a free trial.