Inheritance Tax Planning Trusts – Crucial to Pass the Wealth to Future Generation

Inheritance tax is a crucial consideration for those looking to pass on their wealth to future generations in the UK. With the standard rate set at 40% on estates above the tax-free threshold, it’s essential to explore strategies that can help mitigate this tax burden. One of the most effective methods is the use of inheritance tax planning trusts. A trust is a legal arrangement where one person (the settler) transfers assets to another person or group of people (the trustees) to manage for the benefit of a third party (the beneficiaries). In the context of inheritance tax planning, trusts can help in reducing the taxable value of an estate, ensuring more of your wealth is passed on to your loved ones.


Types of Trusts Used in Inheritance Tax Planning

There are several types of trusts commonly used in IHT planning, each with its own benefits and implications:

Bare Trusts - The beneficiaries have an absolute right to the assets and any income they generate. These are simple and straightforward, often used for passing on assets to minors.

Discretionary Trusts - Trustees have discretion over how and when to distribute income or capital to the beneficiaries. These trusts are flexible and can be tailored to meet changing circumstances, making them a popular choice for Inheritance Tax planning.

Interest in Possession Trusts - The beneficiary has a legal right to the income generated by the trust assets, though not necessarily the assets themselves. These trusts can be useful in ensuring that a particular beneficiary receives income, while the capital remains preserved for others.

Loan Trusts -These involve lending money to a trust, with the loan remaining part of the settler’s estate but any growth on the loan outside the estate. This can reduce the IHT liability while still allowing access to the capital if needed.

Discounted Gift Trusts - These allow the settler to gift part of their estate while retaining a regular income stream. The ‘discount’ refers to the amount of the initial gift that is considered outside the settler’s estate for IHT purposes.

How Trusts Reduce Inheritance Tax

When assets are transferred into a trust, they are no longer part of the settler’s estate, provided the settler survives for seven years after the transfer. This can significantly reduce the IHT bill on their death. Trusts also allow for careful planning around the nil rate bands and the use of other allowances, such as the residence nil rate band, to further minimize tax.

Considerations and Risks

While trusts offer valuable tax advantages, they are not without risks and complexities. The creation of a trust involves legal and administrative costs, and trustees must manage the trust in compliance with tax laws, which can be complex and subject to change. Additionally, some trusts are subject to periodic charges, such as the ten-yearly anniversary charge, which can affect their overall tax efficiency.

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