David49
foxie48
MaizieD
It's quite complicated as it can leave those that were gifted money with a tax bill if you don't live for 7 years and they need to understand that.
That's a risk both the gifter and the gifteee just have to take, isn't it?
Well not entirely, the gifter can add a clause in their will that protects the giftee from being responsible for any tax should the gifter not live for 7 years but that only works if there is money still left in the estate to cover the charge. This is all very close to home ATM as my OH is an executor of a relative's estate which is proving to be full of complications, including this one!
www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm14612
For clarification if a donor dies before 7yrs the Gift does come back into the estate and IHT is liable at a reduced rate after 3 yrs
In effect tax due on the gift reduces by 20% each year after 3 yrs
Not necessarily, I have taken this from the "Fidelity" website as it explains it better than I can.
"The key thing to remember is that taper relief only applies to Inheritance Tax due on gifts that exceed the available nil-rate band and were made more than three years before death.
So, if a gift falls below the nil-rate band and becomes a failed gift, it actually reduces your nil-rate band.
For example, if you make a gift of £100,000 and this becomes a failed gift, this £100,000 is taken off your nil-rate band (£325,000). This means you now only have a nil-rate band of £225,000.
Taking another example, if you gifted £500,000 just over five years before your death, then £325,000 of that would automatically use up your nil-rate band (leaving none left for the rest of your estate). The remaining £175,000 would face the tapered IHT rate of 16%. Remember, the value of your estate over the nil-rate band will be charged IHT at the full 40% rate."
It is quite complicated to understand but don't assume that a gift automatically attracts tapering because it doesn't if you don't live for the required 7 years. A "failed gift" is one where the gifter does not live for 7 years. The whole amount gifted comes back into your estate and is considered before anything else, the first £325K will wipe out your tax free amount and the remainder will attract tapering. It's also of note that unless there's a clause in the will stating that any tax will be paid from the estate, it is the giftee who is responsible for any additional tax.