Inheritance Tax (IHT) presents a substantial concern for many people across the UK, particularly those who own properties or substantial assets. Trust funds have emerged as a popular tactic to limit or entirely avoid this tax, yet people are unaware that this option exists, or believe it to be illegal due to misunderstandings about how trusts work.
Here, we look at the legal aspects and complexities of trust funds in the context of IHT, to illustrate how the establishment of a trust can lessen the impact of IHT within the confines of the law.
Deciphering Inheritance Tax Basics
Inheritance Tax typically comes into effect when a person passes away.
The tax obligation is dependent on the total estate value, which includes property, monetary assets and personal possessions. It triggers if the value exceeds the current nil rate band. At the moment, the tax-exempt threshold is set at £325,000. Any excess is taxed at 40%.
For instance, if an estate’s value is £600,000 and the nil-rate band is £325,000, the IHT at 40% applies to the surplus of £275,000, leading to a £110,000 tax. This can represent a significant tax burden on the total value of the deceased’s estate.
In particular cases, such as when a direct descendant of the person who has died inherits a primary residence, the threshold may increase to £500,000.
If one spouse or civil partner doesn’t use up all of their tax-free allowance (nil rate band) when they die, the leftover amount can be passed to the surviving partner. This can double the amount of tax-free allowance afforded to beneficiaries of the surviving spouse. The ultimate beneficiaries of the estate may pay no tax on estates with a value of up to £650,000 or even £1 million in some cases, which can lower or possibly eliminate the Inheritance Tax bill entirely.
Core Principles of Trust Funds
A trust fund is a legal arrangement in which trustees are given the duty to manage assets for beneficiaries. The trust secures the assets until certain stipulated conditions are met – these are typically outlined in a trust deed.
Trusts are adaptable in estate planning, and various types exist to suit different scenarios. Examples include:
- Bare trusts, which are simple arrangements where the beneficiary has a direct entitlement to the income and the capital within the trust, are typically used to protect assets for minors until they reach adulthood
- Discretionary trusts grant trustees the leeway to determine the allocation of income or capital to beneficiaries, providing substantial flexibility
- Interest in Possession trusts allow a beneficiary – usually a surviving spouse – to enjoy any assets or income generated from the trust during their lifetime. This means, for example, that they can continue to live in their home. However, they are not entitled to the capital, which is destined for other beneficiaries, usually after the spouse’s demise
- Family or accumulation trusts permit trustees to accrue income within the trust and later add it to the capital, then distribute it at their discretion
- Mixed trusts are composite arrangements that integrate features of multiple trust types, offering adaptability but necessitating sophisticated structuring. It is vital to secure legal advice when planning this type of trust.
Trusts can incur separate tax responsibilities from the individuals who establish or benefit from them. For example, trusts might be liable for income tax on income generated, Capital Gains Tax upon asset disposal, and sometimes IHT, depending on the trust’s configuration.
Trusts afford a way to maintain more control over how your assets are used and distributed after you die. They can be structured to distribute assets when beneficiaries reach certain ages or milestones, or for particular purposes such as education or property acquisition, ensuring your wishes for your accumulated wealth are honoured and enacted as you wanted.
Trust Funds’ Legal Position in IHT Mitigation
Trusts are acknowledged within the UK as a legitimate and strategic means to mitigate the financial burden of Inheritance Tax.
Formalising a trust is done through a ‘trust deed’, a legal instrument detailing the trust’s operational guidelines, responsibilities, and instructions for the management and distribution of assets. Meticulous attention to detail is vital; overlooking legal subtleties can lead to an invalid trust or unexpected tax repercussions.
It is important to recognise that trusts are not instruments for concealing assets from taxation authorities. UK tax legislation mandates complete disclosure of trust-generated income, gains, and allocations. Trustees are legally bound to declare these to HM Revenue & Customs (HMRC) and certain trust structures may necessitate an annual Trust and Estate Tax return.
While trusts are a valid conduit for IHT reduction, they are subject to limitations set by anti-avoidance statutes. For instance, the ‘seven-year rule’ dictates that assets transferred into a trust are exempt from IHT only if the settlor (the person creating the trust) survives seven years following the transfer. If not, the assets may incur IHT as though they remained part of the settlor’s estate.
Advantages of Deploying Trust Funds to Mitigate Inheritance Tax
Transferring assets to a trust removes them from your estate, diminishing its taxable value. Moreover, you can contribute additional assets to a trust after its creation, further lessening tax duties.
Trusts can also provide extra benefits such as:
- Adaptable asset distribution
- Greater control over assets
- Safeguards against creditors and legal disputes
- Strategic gifting and lifetime transfers
- Financial security for your family
- Confidentiality in specific circumstances
Given these advantages, trusts are a key component in estate planning, particularly in prioritising IHT reduction. However, due to their complex legal nature and tax implications, it is essential to work with a solicitor to create a trust that is both legally compliant and strategically effective.
Forming a Trust to Ensure Your Legacy
Trusts remain an effective strategy for protecting assets against excessive IHT, thereby preserving your beneficiaries’ inheritance. However, the inherent complexity and legal stipulations of trusts call for expert legal counsel to navigate informed estate planning decisions. This is the best way to ensure that your financial objectives are achieved in alignment with your beneficiaries’ best interests.
