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11 Cards in this Set

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  • Back

Income Tax - Who pays and when

Paid by - individuals and beneficiaries of trusts



PR's administering estates



Trustees



Paid on - salaries, pensions and savings



Exempt income - ISA'S, Lottery, and Premium Bonds

How is income tax calculated?

UK residents and domiciled ppl are liable to income tax on WORLDWIDE INCOME



Individuals have a personal allowance



Trustees have NO personal allowance



Per All 2017/ 18 is £11500


2016/17 is £11000



For every £2 over £100,000 Per All is reduced by £1.

Income Tax Rates

Up to personal allowance - nil



Next £33500


Basic Rate - 20%


Dividend Rate -7.5%



Next £33,500 to £150,000


Higher rate - 40%


Higher div rate - 32.5%



Over £150,000


Higher rate 45%


Higher div rate 38.1%



In addition


B R taxpayer savings allowance £1000


H R Taxpayer savings allowance £500



All taxpayers have a dividend allowance of £5000



How to calculate income tax

Add up relevant income



Take off relevant Allowance


= taxable income



20% of first £33,500


40% of income between £33,500 and £150,000


45% of income over £150,000



equals total tax.



Care - if over £100,000 to reduce personal allowance

Income Tax- Personal Representatives

Deceased person is taxed as an individual until date of death



Still gets full PA for whole year



Tax refunds will attract IHT if payable



Income arising after death


PR's responsible on estate income


No personal allowance


No savings allowance


No dividend allowance


Tax is 20% on savings and rental income


7.5% on dividends


No higher rates



PR's can pay income less the tax to appropriate beneficiaries.


Beneficiary declares income in tax year they receive it - this could push them into higher RATES!



If RESIDUARY BENEFICIARY receives residuary income- any distribution even chattels will count - it is treated as income



PR's should provide an R185 to beneficiaries

Income Tax and Trustees - Lifetime trusts

Treated as settler interested if beneficiaries include spouse and/or unmarried minor children



Income of a settler interested trust is assessed on the settler.

Income Tax and trustees- Bare trusts

Both the capital and interest belong to the individual beneficiary



The trust is not taxed as a separate entity



The individual declares the income on their own tax return

Income Tax and trustees - IPDI's

7.5% on dividends received


20% on other income


Trustees have NO personal allowance


Trustees cannot deduct trust management expenses

Income Tax and trustees- Disc Trusts

First £1000 is taxed at Basic Rate


Then 45% on income or 38.1% n dividends


Non or B R taxpaying beneficiaries can recover difference



Trustees can deduct trust management expenses like accountancy fees from income charged

Income Tax and trustees - difference between estate administration and ongoing trusts

Cash legacies


If paid within a year - no income


If paid outside a year - pay beneficiary the legacy plus gross interest and beneficiary declares the income for tax



Gift of let property


Rental income goes to beneficiary not the estate


Income declared on beneficiaries tax return from outset.



Residuary income


PR's need to calculate income for residuary estate and include rental income to date of death



Expenses can be offset against income- agents fees, internet on loan taken to pay IHT



PR's charged tax on income less expenses.



Income streaming


If residuary income is split between various beneficiaries- income net of Basic Rate tax is allocated.



Each beneficiary gets an R185 do he can claim back tax if necessary.

Income Tax and trustees - ongoing will trusts

If trustees now holding money for at children - no longer PR's



Usually have discretion to give income to kids or accumulate it.



Now treated as trust income so first £1000 is tax free then 45%



Any tax paid goes into a tax pool at HMRC and the beneficiary gets the income less 45% tax and an R185 to recover tax if applicable based on own tax position.



Tax cannot be recovered was already in the tax pool



Avoidance of paying 45%


Trustees can invest for growth ( care with chargeable event gains)


Trustees could allocate specific income to beneficiaries as it arises- becomes property of beneficiaries not the trustees- charged at beneficiary applicable rates