News Blog

How to Plan for Inheritance Tax Planning Using IHT Friendly Investments and Pensions

Navigating the complexities of Inheritance Tax (IHT) planning in the UK can be daunting, yet understanding how to strategically use investments and pensions for this purpose is crucial for anyone looking to manage their estate effectively. This guide delves deep into the relationship between various investment vehicles, pensions, and IHT, offering actionable advice for minimising tax liabilities and safeguarding your financial legacy.

Taxation of Investments and How They Form Part of an Estate

Investments are a pivotal element of many estates, and their impact on IHT liabilities can be significant. Different types of investments are treated differently under IHT rules, making it essential for estate planners to understand these distinctions. For instance, direct investments such as individual stocks, bonds, and real estate are generally included in the estate's value for IHT purposes. This means that the value of these assets at the time of the owner's death is subject to IHT if the total estate value exceeds the IHT threshold.

Conversely, certain types of investment accounts offer tax advantages that can influence their IHT treatment. Individual Savings Accounts (ISAs), while providing tax-free growth and income, are still considered part of the estate for IHT purposes. This inclusion can significantly increase the IHT liability, especially for estates hovering around or above the IHT threshold. Understanding how each investment contributes to the overall estate value and its potential IHT implications is a critical first step in effective IHT planning. This knowledge allows individuals to make informed decisions about where to allocate their resources to best manage their IHT exposure.

Which Investments are Subject to Inheritance Tax in the UK

Most types of investments in the UK, including General Investment Accounts (GIAs), ISAs, investment bonds, government bonds (gilts), term deposits, and individual stocks, can potentially contribute to the IHT liability of an estate. The inclusion of these assets in the estate means that their value at the time of death is considered when calculating the IHT due.

GIAs, for example, are straightforward investment accounts that do not offer any inherent IHT advantages, meaning the full value of the GIA is assessable for IHT purposes. ISAs, despite their tax efficiency in terms of income and capital gains, do not provide an IHT exemption, making the total value of ISAs owned by the deceased includable in the estate for IHT calculation.

However, not all investments are equally impacted by IHT. Certain types of investments, such as those held in AIM (Alternative Investment Market) shares within an ISA, may qualify for Business Relief (BR), potentially offering 100% relief from IHT if held for at least two years before death. This distinction highlights the importance of selecting investment vehicles not only for their growth potential but also for their implications on future IHT liabilities. By carefully choosing where to invest, individuals can significantly reduce the IHT burden on their estate, ensuring more of their wealth is passed on to their beneficiaries.

How GIAs and ISAs Can Be Moved to AIM GIAs and ISAs for IHT Planning

Transitioning General Investment Accounts (GIAs) and Individual Savings Accounts (ISAs) into investments in the Alternative Investment Market (AIM) can be a strategic move for reducing inheritance tax (IHT) exposure. AIM-listed shares that qualify for Business Relief (BR) can potentially offer 100% relief from IHT if held for at least two years before the investor's death. This makes AIM GIAs and ISAs particularly attractive for IHT planning purposes.

The process involves selling existing investments within GIAs and ISAs and purchasing AIM-listed shares that qualify for BR. It's a strategy that requires careful consideration, as AIM shares often come with higher volatility and risk compared to more established markets. However, the potential IHT benefits make it a worthwhile consideration for many investors looking to mitigate their future IHT liabilities.

The key to successfully utilising AIM GIAs and ISAs for IHT planning lies in the selection of investments. Not all AIM-listed companies qualify for BR, and the criteria can be complex. Generally, the company must be engaged in a trading activity, rather than investment, and there are other nuances to consider. Therefore, consulting with a financial adviser who has experience in AIM investments and IHT planning is crucial. This approach allows individuals to balance the risk associated with AIM investments against the potential IHT savings, aligning their investment strategy with their overall estate planning goals.

The Rules Regarding AIM GIAs and ISAs

The attractiveness of AIM GIAs and ISAs in inheritance tax planning is largely due to the potential eligibility for Business Relief (BR), which can provide significant IHT advantages. However, understanding the rules and regulations governing BR is essential for anyone considering this strategy.

For AIM shares to qualify for BR, and thus be potentially exempt from IHT, they must have been held by the deceased for at least two years at the time of death. Additionally, the shares must meet certain criteria related to the nature of the business. Specifically, the company must not be listed on a recognised stock exchange at the time of the owner's death, and it must carry out a qualifying trade. Some activities, such as property development, investment, or dealing in securities, shares, or land, do not qualify for BR.

Moreover, while AIM GIAs and ISAs can offer a pathway to IHT efficiency, investors must navigate the market's inherent risks, including volatility and liquidity concerns. The selection of AIM shares should be made with a long-term view, considering both the potential for IHT relief and the overall investment risk profile. Due diligence and ongoing monitoring are crucial, as the status of companies regarding BR eligibility can change.

Given these complexities, the role of a knowledgeable IFA becomes indispensable. They can provide up-to-date advice on BR-eligible shares, help assess the suitability of this approach within the broader context of an individual's estate planning and investment strategy and manage the associated risks.

How Pensions are Taxed in Terms of IHT

Pensions represent a critical component in strategic inheritance tax (IHT) planning due to their favorable tax treatment. Unlike most other investments, pensions are typically outside the scope of an individual's estate for IHT purposes, offering a significant opportunity to reduce the taxable estate value. The tax treatment of pensions on death is contingent on several factors, including the type of pension and the age at which the pension holder dies.

If the pension holder dies before the age of 75, most pensions can be passed on to any nominated beneficiaries free of tax. This includes lump sum payments or as a drawdown pension that beneficiaries can access when they choose. If the pension holder dies at age 75 or older, beneficiaries can still inherit the pension, but withdrawals are taxed at their marginal rate of income tax, not IHT. This distinction underscores the importance of pensions in estate and IHT planning, offering a means to pass on wealth efficiently.

The rules around pensions and IHT underscore the necessity of careful planning, particularly in designating beneficiaries and deciding on the best type of pension arrangement to maximise the benefits for heirs. It’s also crucial to regularly review pension nominations to ensure they align with overall estate planning goals and changes in personal circumstances.

How Pensions Can Be Used to Shield from IHT and Pass on Wealth to Family

Pensions offer a powerful tool to shield assets from IHT, providing a tax-efficient way to pass wealth to the next generation. Given their usual exemption from the estate for IHT purposes, maximising contributions to pensions can be a strategic move in reducing the value of the taxable estate.

Strategic use of pensions involves not just contributing to them but also making wise decisions about beneficiary nominations. Nominating a spouse, children, or other family members as beneficiaries ensures that the pension can be passed on directly to them outside of the estate. This approach not only secures a financial legacy for beneficiaries but does so in a tax-efficient manner that bypasses the potential for a 40% IHT charge on the estate.

Furthermore, the flexibility in accessing pension funds means that beneficiaries can often choose how and when to draw down on the pension, depending on their financial needs and tax planning considerations. This flexibility, combined with the tax advantages, makes pensions an invaluable part of comprehensive IHT planning.

Whether Trusts Can Be Used to Protect Investments from IHT

Trusts serve as an essential mechanism in IHT planning, offering a structured way to manage and pass on assets while potentially mitigating IHT exposure. When investments or other assets are placed into a trust, they are typically no longer considered part of the individual’s estate for IHT purposes, assuming certain conditions are met.

The use of trusts can be particularly effective for protecting investments from IHT. By transferring assets into a trust, individuals can specify how and when these assets are distributed to beneficiaries, providing a level of control over the future use of the assets while reducing the IHT liability. Different types of trusts, such as discretionary trusts, interest in possession trusts, or bare trusts, offer varying levels of flexibility and tax implications, making it important to choose the right type of trust to align with specific estate planning objectives.

However, it’s important to note that trusts themselves can be subject to taxation, including IHT, depending on how and when assets are transferred, and the type of trust established. The rules governing trusts and IHT are complex and subject to change, underscoring the importance of professional advice in this area. A well-considered trust strategy can effectively protect investments from IHT, but it requires careful planning and ongoing management to ensure compliance with tax laws and alignment with estate planning goals.

The Role of an IFA in Inheritance Tax Planning

Inheritance tax planning is a nuanced and multifaceted process, requiring a deep understanding of current tax laws, investment options, and the strategic use of trusts and pensions. Independent Financial Advisers (IFAs) play a pivotal role in this process, offering expertise and personalised advice to navigate the complexities of IHT planning effectively. Their guidance is instrumental in devising strategies that align with individual financial goals and estate planning objectives while minimising the IHT liability.

IFAs can provide comprehensive assessments of an individual's financial situation, identifying opportunities for tax-efficient wealth transfer. This includes advice on optimising the use of allowances and exemptions, selecting IHT-friendly investments, and the strategic use of pensions to shield wealth from IHT. Additionally, IFAs can offer insights into the benefits and implications of setting up various types of trusts, ensuring assets are protected and passed on according to the client's wishes.

Moreover, IFAs stay abreast of the latest tax legislation and financial products, ensuring their advice reflects the most current information and opportunities. This expertise is crucial in an area as prone to change as tax law. By working with an IFA, individuals can make informed decisions, taking proactive steps to mitigate their IHT liability and secure their financial legacy for future generations.
In the context of inheritance tax planning, the value of an IFA extends beyond simple tax savings. They provide peace of mind by ensuring that all aspects of an individual's estate are considered, from investments and pensions to trusts and wills, crafting a cohesive plan that meets legal requirements and personal objectives. Their role is not just as advisers but as partners in securing financial well-being and legacy.

Inheritance Tax Planning in the UK

Effective inheritance tax planning in the UK is a crucial endeavor for those looking to pass on their wealth efficiently and in accordance with their wishes. The strategic use of IHT-friendly investments, pensions, and trusts offers a pathway to significantly reduce the IHT liability, ensuring that a greater portion of one's estate can be passed on to beneficiaries. However, the complexity of tax laws and the myriad options available necessitate informed guidance and strategic planning.

This is where the expertise of an Independent Financial Adviser becomes invaluable. An IFA can navigate the intricate details of IHT planning, providing tailored advice that maximises tax efficiency while aligning with personal financial goals. From identifying the right investment vehicles and pension strategies to establishing trusts and navigating gifting allowances, an IFA's guidance is integral to crafting an effective IHT plan.

Inheritance tax planning is not merely about reducing tax liabilities; it's about ensuring that your legacy is passed on as you intend, with consideration for the financial well-being of your loved ones. By engaging in comprehensive IHT planning, individuals can take control of their financial legacy, making strategic decisions that benefit their heirs and reflect their wishes. With the support of an IFA, navigating the complexities of IHT planning becomes a manageable and effective process, one that secures your legacy and honors your financial aspirations for the future.

Comments are closed for this post, but if you have spotted an error or have additional info that you think should be in this post, feel free to contact us.

Subscription

Get the latest updates in your email box automatically.

Contact UsWhatsapp Chat

Search

Archive

Search by Tag

Browse all tags

 

Note: This page is for information purposes only and should not be considered as financial advice. Always consult an Independent Financial Adviser for personalised financial advice tailored to your individual circumstances.