How to Use a Flexible Reversionary Trust to Avoid Inheritance Tax
This blog is all about how a Flexible Trust can be a really useful tool.
There are many different types of trusts, such as Discretionary Trusts or Immediate Post Death Interest Trusts, which all have different benefits. However, for the vast majority of people who are looking to place assets out of their estate for inheritance tax reasons, using a Flexible Reversionary Trust is one of the best methods to accomplish their inheritance tax aims.
You will find that many advisers recommend a Loan Trust which effectively takes the growth of the investment outside of the estate. The “loan” continues to stay in your estate until you die which means the capital remains in your estate for IHT purposes which is not what most people want. You can always get your Capital investment money back which gives some degree of flexibility.
Discounted Gift Trusts
Using a Discounted Gift Trust places the money outside of your estate with a discount on the amount of tax that is payable should you die within 7 years. You can also place more than £325,000 into an offshore or onshore bond held subject to this type of trust without triggering immediately a tax of 20%. This is often referred to as a Fixed Income Plan (a mix of a bond and a trust). However, this form of trust is very inflexible as you can’t alter the terms of it. Once you put the money in, you get a fixed income stream whether you need it or not. Also, it cannot be altered at any time until the settlor dies.
Flexible Reversionary Trusts
As this is a type of Discretionary Trust, the trustees have a right to adjust how the money goes to the beneficiaries in the long term when the settlor dies. This is a single settlor trust (only one person puts the money in) and the maximum is limited to the current Nil Rate Band (NRB) of £325,000 per person ( otherwise 20% tax would be payable on any excess over the NRB) If you were to put the amount of money in the trust and do nothing with it, after seven years then the whole amount of money would be outside of the estate. Every single year, you would get an entitlement to reversion of capital + growth (1/7) back to the settlor. For example, if you were to put £210,000 into a trust, you would be entitled to receive £30,000 + growth back each year. The flexibility comes from the fact that you can decide to accept the reversion or not. Moreover, if you needed a larger amount of money, it would also be possible to stack one reversion on top of another. For example, in one year, you could take out £60,000.
When the money reverts back, it has two elements: the original capital and the growth. The original capital is tax free whereas the growth is subject to income tax at your highest marginal rate. For most people, this form of trust is better than a Loan Trust as all of the money is out of the estate after seven years. It is also better than a Discounted Gift Trust because you don’t have a fixed level of income.
- A Flexible Reversionary Trust is highly flexible.
- The return of the capital from a Flexible Trust would be 14.28% compared to 5% for other trusts. Essentially this means you can withdraw a bigger lump sum out should you need it.
- Being able to get all your money back over a period of 7 years means that you can hold less assets as you can get your money back quickly. This help reduce your estate for inheritance tax.
- If you are in a couple, you can each have a Flexible Trust. If one person in the couple were to die, then (as they are single settlor trusts) the spouse would be the beneficiary of the trust. and would be entitled to all the assets not just 1/7 as required.
- You can have your cake and eat it because the trust is flexible as well as the money being completely outside of your estate. The only drawback is that you can’t have all your money back within one year.
- This form of trust suits almost everyone.
Like all matters related to Estate Planning and Inheritance Tax, experienced advice is essential.
Call us if you require any help and speak to our Inheritance Tax expert now.
Watch the video or Continue reading.
What is Estate Planning?
Estate Planning is putting in place Wills and Lifetime Trusts to ensure your desired outcome, regarding who benefits from your estate, is achieved. Essentially, this means that the right people get the right money at the right time. It is all about ‘bloodline protection’ as most people want their children and then grandchildren to inherit their money once they die.
There are usually five problems that Estate Planning seeks to address.
- Divorce – Once you leave your money to your children, they could then find themselves getting a divorce. This risks half of your money going to your child’s ex-partner. Given how high the UK divorce rate is, it’s vitally important to protect your money from this scenario.
- Bankruptcy – 80% of small businesses become bankrupt in the first five years. If this were to happen to your daughter or her husband, without careful protection, all the assets that you had left to your daughter could be lost to her creditors or her husband’s creditors.
- Remarriage – Let’s say that upon your death all your assets are left to your married daughter. If she then dies and her widowed husband remarries someone who did not raise your grandchildren, it is highly possible that your grandchildren (against your intentions) could find themselves cut out of the money that you wanted to be left to them.
- Inheriting Early – If a couple were to die early, then their children would inherit at age 18. This means that your grandchildren could find themselves in charge of a large amount of money when they are perhaps not emotionally mature enough to manage it responsibly.
- The 64% Tax – If you don’t deal correctly with your Inheritance Tax problem then on your death you will need to pay a 40% Inheritance Tax charge, with the remainder, in all probability, passing to your children. If they also have an Inheritance Tax problem, then on their death there will be another 40% tax charge on the same money, so in total, this money which goes to your grandchildren will have suffered a 64% tax charge.
So, how do you protect against these problems? There are various solutions which help to protect your assets.
In an ideal world, the best thing to do would be to set up a lifetime trust (a trust established during your lifetime rather than being set up in your will to take effect at your death). In fact, you can set up multiple trusts on different days, rather than each trust being simultaneously created on the same day, that is the day you die. This gives you more flexibility.
Wills, Trusts and Trustees
It is sensible to have both a will and discretionary lifetime trust. When considering who to appoint as trustees, generally speaking, these should be the settlors (the person whose estate is being dealt with) and their adult children as this will reduce costs (you won’t be paying professional trustees). It is also recommended that you appoint one other person who is not a beneficiary of the trust to act as a trustee in the event of a disagreement between your adult children over how the trust should be managed.
How Does All This Work?
How does the solution of setting up wills and lifetime trusts together protect your assets against the five problems listed above? In a normal situation where you don’t have lifetime trusts your Wills might state that you leave your estate to your partner and then, when you are both dead, the Estate gets divided equally between your children. After this, you would hope that the money would travel down the family bloodline, however this might not happen.
Consider the following scenario, Steve and Ann are married and have three adult children: John, Dave and Jane. Now consider each of the five problems in turn and how setting up wills in conjunction with life time trusts can resolve these problems.
By setting up lifetime trusts in conjunction with a will, the desired beneficiaries receive their inheritance in their individual trusts rather than their partners having equal control over the assets. These trusts still lend the money to the adult children’s partners so that they still have the money. This means that they can lend the money interest-free, but it remains recallable on demand by the trustees (who are the adult children and also are the beneficiaries).
Imagine John is married to Mary and then they get divorced. In this case, the trustees recall the loan to John. This prevents Mary from receiving any of the loaned money.
The day after John’s divorce has settled, his other siblings, being the trustees, can give him back the money as a loan (as a part of the loan mechanism).
Imagine again that John and Mary are married. Let’s say that John dies before Mary and, in a few years’ time, Mary marries her golf instructor, Andy. Andy outlives Mary and, as a result, the money that came to Mary through John passes to Andy and, from here to his beneficiaries rather than John and Mary’s children, that is, Steve and Ann’s grandchildren.
In the event of bankruptcy, the creditors cannot get the money because it does not belong to John, it belongs to the trust.
Say John and Mary were to die early, leaving behind their young son. At age 18 he would be able to inherit his parent’s money However, if the money is in a trust, the trustees will decide how much money to give to the grandchild and when to give him the money.
Unfortunately, you cannot avoid paying the initial 40% tax because when the money went into the trust on your death. If it exceeds the allowances then the tax must be paid. However, the money would be protected from your children’s next 40% tax, and any tax the grandchildren would have faced.
Ultimately, this method of Estate Planning can save thousands for a family. Through operating a loan mechanism, the assets are protected from the risks of divorce, remarriage, bankruptcy, early inheritance, and a 64% tax.
Like all matters related to Estate Planning and Inheritance Tax, experienced advice is essential.
Call us if you to book a free consultation to discuss your Inheritance Tax and Estate Planning Issues.
How to Make 10 Years’ Salary in 10 Hours When Aged Between 30 to 40.
This blog focuses on clients’ children and how they can make 10 years’ salary in just 10 hours by resolving their parents Inheritance Tax problem. Normally, it takes around 10 hours of client time to deal with their Inheritance Tax and in general the savings are usually significant compared to the time spent.
For those who would prefer watching a video, click this link below to access it.
Inheritance Tax growth over time
A key problem is that the amount of Inheritance Tax payable will grow over time. If your parents are aged 55 to 60 currently and have an estate valued at around £1 million, then any growth on this estate will incur a 40% Inheritance Tax charge. In fact, we have calculated that after approximately 15 years, this tax will double and after 25 years, it will triple. By the time your parents have reached age 80-85, they will be paying triple the amount of Inheritance Tax than they are faced with now.
Whose problem is this?
Essentially, this is not really your parent’s problem as they will be going into retirement with their pensions and any remaining assets. However, if they don’t deal with their Inheritance Tax issue, the cost will be on you, their beneficiary, who will have to write out a very large cheque to HMRC.
I have found that over the years I seem to have a disproportionate number of Asian clients which I attribute to a difference in cultural attitudes. I have found that Asian people seem much more inclined to talk to their parents about money issues, whereas British people can be more reticent about family finances. However, I think that it is important to remember that most parents would want to retain money within the family.
Without going into depth, estate protection concerns retaining wealth within the family bloodline and ensures that one generation can offer support to future ones, for example by providing for the cost of the children’s future education.
For example, a key problem faced in many families is divorce. Undoubtably, divorce can reduce the money that your parents left you. Let us say that your parents leave you a million pounds and you get divorced. Here, you risk losing 50% of the money. Another relevant problem is bankruptcy. If your business goes bankrupt, you then face losing all your inherited money. Here, by using trusts as part of the estate planning process, you can protect these assets and keep them within the family.
Often you can save more money through Estate Planning than you can through using your Inheritance Tax allowances. This is because, if your children get divorced, 50% of their asset base could leave the family. If they become bankrupt, 100% of their asset base could leave the family. These amounts could be more than the 40% tax saving allowance on the first £1million of your estate value.
It is very common for people to delay tackling the problem. This is often linked to the complexity of the process: in many firms, clients may have to see lawyers, accountants and a separate firm of financial advisors. Bluebond, as a specialist firm, unites all three areas together (tax, legal and financial advice) which makes solving the problem much easier for the clients.
Why you should deal with IHT early
Given the uncertainty of life, the earlier that an Inheritance Tax problem is sorted out, the more options you have left and the less risk is associated in solving the problem. This is why I have some clients who are dealing with their Inheritance Tax aged only 55, even though they may live for another 30 years. Moreover, the bigger the size of the estate, the earlier you should act.
What can you do?
Essentially, the person that is affected most by a lack of action is you. However, there is no such thing as an estate that is too big where the issue cannot be solved. It can be done. Making sure that there is time, meaning everything is done properly, is essential. Talk to your parents about the estate. Consider that the estate planning is important because often you can save more through correct planning than through Inheritance Tax savings on the first £1 million. And, most importantly, deal with the problem early and do not become fazed by possible complexity. Afterall, you are going to pay the tax unless you take the necessary precautions.
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Let’s discuss your Inheritance Tax issues with a Free Consultation
Up until now, it has been relatively unusual for people to use Bare Trusts, as discretionary trust offers the trustees significantly more control over the trust assets.
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