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The base cost of the shares to the donee will again be computed as the market value less gift relief
(200,000 – 120,000) = 80.000
For those taxpayers with both a capacity and a willingness to make gifts in lifetime and not just on
death, the further guidance that they may request from you is whether to make such gifts in lifetime
or wait and gift the assets upon their death. It is again a consideration of the capital taxes that is the
key issue.
If assets are gifted on death there will be no CGT and the beneficiaries will acquire those assets at
their then open market value, thus wiping out any accrued gains on those assets. The assets,
however at their then open market value (probate value) will then be included within the chargeable
estate at death, which being in excess of the available nil rate band will be charged to IHT at a rate of
40%.
Therefore to avoid IHT it would be better to gift in lifetime as when a PET is made there is no
immediate charge to IHT and the PET will only become chargeable if the donor dies within 7 years.
The further advantages for IHT of gifting in lifetime are that if the taxpayer at least survives for 3
years then taper relief will reduce any IHT payable, plus the value of the PET is “frozen” at the date of
the transfer meaning that an appreciating asset will have a lower value charged to IHT than if it had
been kept until death. Lifetime gifts will also benefit from annual exemptions.
The problem of course with gifting in lifetime as we have already seen is CGT, as a gift in lifetime is a
chargeable disposal and a gain must be computed using the open market value of the asset. This,
however will only happen if the asset is a chargeable asset so that exempt assets such as cash,
chattels and cars could be gifted without any CGT arising.
If assets are chargeable assets then they may still be gifted if the gains arising each tax year do not
exceed the AEA, for example if the taxpayer gifts an asset valued at £50,000 and it cost £40,000,
there will be a chargeable gain of £10,000 which will be covered by the AEA of the taxpayer. This will
have removed £50,000 of value from the taxpayer’s estate which at death may have been charged to
40% IHT.
If chargeable assets will give rise to more substantial gains then as we have seen above, if the asset
is a qualifying asset for gift holdover relief then the gain may be deferred by a claim for relief. If the
asset was the principal private residence of the taxpayer then private residence relief would be
available to exempt any gain arising.
You will discover at ATX there are other issues and other reliefs to deal with in giving this advice, but
the basic tax issues as noted here may be tested within the TX-UK paper.