Re: Autumn 2015 | Page 21

£1million THRESHOLD FOR INHERITANCE TAX? In his recent budget, the Chancellor George Osborne introduced a new plan to increase the threshold for inheritance tax which, when fully implemented, will mean that in some cases a couple will be able to leave estate of up to £1million to their heirs without paying inheritance tax, as opposed to the current maximum of £650,000 before tax falls due. But achieving the full exemption will depend on a number of factors – not least timing. The plan is to be introduced in stages starting from 6 April 2017 by creating a new “main residence nil rate band” of an additional £100,000 on top of the current £325,000 (which itself, frozen since 2010/11, is now fixed until 2020/21). This new band will rise by £25,000 each year until it reaches the full £175,000 in 2020. So in the first year of it being in force, the first of a married or civil partnered couple can leave their whole estate to their partner free of inheritance tax (as transfers between spouses and civil partners are tax free) and on the death of the second partner, they will have their own threshold of £325,000, plus the extra of £100,000 for the main residence, making £425,000, plus the same amount transferred from the first partner to die, giving a total before tax is due of £850,000. Come 2020 this will mean the full £1million is finally available. The new band will apply to the deceased’s interest in a residential property, which has been their residence at some point and is included in their estate, and which is left to one or more direct descendants on death. If the deceased had more than one property that could qualify as their “main residence” then their Executors can nominate to which the relief should apply, and the value of the property will be the lower of the net value of the deceased’s interest (after deducting any liabilities such a mortgage) or the maximum amount of the band. A property which was never a residence of the deceased, such as a buy-to-let property, will not qualify, and so if you have rented all your life and thus have more cash in the bank than those who bought a property, the new band will not apply to your estate either. However, to qualify for the additional relief the estate has to be passed to “direct descendants” which for the purposes of this legislation includes children, adopted children, stepchildren and foster children, and their lineal descendants. This means that single or divorced parents wishing to leave their estate and property to their children will only have a maximum of £500,000 available before inheritance tax, and those without children or remoter direct descendants will not benefit from the increase at all, so a generous uncle could not leave his house to his nephews and nieces tax-free. If you are lucky enough to have an estate that exceeds £2million in net value, then for every £2 over £2million, £1 will be deducted from the new main residence threshold from 2017. If you have to sell your property to downsize, or to take up residence in a care home, for example, you will still be able to pass on the new property or the balance of the proceeds of sale to your children free of tax up to the same levels, as you will still be able to claim the main residence nil rate band from 2017. The legislation will provide that where part of the main residence nil rate band might be lost because the deceased had downsized to a less valuable residence or had ceased to own a residence on or after 8 July 2015, that part will still be available provided the deceased left that smaller residence, or assets of equivalent value, to direct descendants. However, the total amount available will not exceed the maximum available main residence nil rate band. This is still subject to consultation. It is not yet clear how this plan will work for properties left into trusts, or where a deceased’s residuary estate is divided between direct descendants and other, non-related beneficiaries such as other family members (in-laws, perhaps) or charities, but information will undoubtedly be produced before the new rules take effect. By Rebecca Haywood 19