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Once all
of the deceased's Estate has been accounted for the Executors
should carry out a review of all Assets, and debts (including
personal expenses) to ensure that the correct amount of Inheritance
Tax has been paid.
Any over or under payment can be reviewed with the tax office
at this stage and a final adjustment made.
The differences should be seen in the 'Assets
Spreadsheet' as it has been updated.
The final distribution of gifts can
take place and the Accounts closed.
Inheritance Tax
Not all of the deceased's estate will
be subject to Inheritance Tax, and the situation should become
clear as the process proceeds.
At the time of writing the first £300,000
(tax year 2006/2007) or £275,000 (tax year 2005/2006)
or £263,000 (tax year 2004/2005) of an Estate is exempt
from Inheritance Tax. After this there is a single tax rate
of 40% that is applied to the remainder of the Estate after
all debts and expenses have been deducted.
The Estate will comprise the value of
all assets and monies at the time of death plus any gifts
exceeding the £3000 limit that have been made within
the previous seven years and the value of any trust from which
the deceased has received an income.
Consequently the Executors or Administrators
will need to establish whether or not any such gifts have
been made, which might need to be taken into account for Inheritance
Tax purposes.
An example is provided in the 'Assets
spreadsheet' to clarify this matter, however, where there
are additional complications the Inland Revenue will provide
a definitive answer.
There are some additional factors that
should be taken into account in order to reduce the impact
of Inheritance Tax, namely:
1 Annual gift exemption
Gifts up to a total value of £3000
can be made each year free of IHT.
Any number of gifts up to £250,
to separate people can be made in any one year.
Each parent can make a gift of up to
£5000 to a child on his or her marriage.
Each grandparent can make a gift of
up to £2500 to a grandchild on his or her marriage.
£1000 can be gifted for any couple
on their marriage.
As mentioned above, the Executors or
Administrators will need to establish whether or not the deceased
made any such gifts, and if so, whether they can be ignored
as being exempt for Inheritance Tax purposes. Note: gifts
of this nature will attract reduced IHT over time.
2 Wholly exempt gifts
Gifts between husband and wife.
3 Funeral expenses
4 Any debts existing before the death
5 Business and Agricultural properties
Note: Relief from IHT can be available
under this heading. The position would need to be properly
established and you will probably need to seek legal advice.
Payment of Inheritance Tax (IHT)
IHT is due to be paid within six months
of the end of the month in which the death occurred. Where
this time is exceeded the Inland Revenue may charge interest
on the amount owing. There are some circumstances where payment
can be made by instalments, or delayed due to asset valuation
changes etc. However, it is important to clarify and agree
the position with the Inland Revenue beforehand.
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