IHTM42115 - Proportionate charges: rate between ten year anniversaries
The rate of tax between anniversaries is a proportion of the rate that was charged at the previous ten-year anniversary (TYA), IHTA/S69(1). 鈥�
(Changes introduced by FA15 do not provide for the 鈥榚ffective rate鈥� of a TYA falling before 18 November 2015 to be adjusted in calculating the rate for a proportionate charge arising on or after that date).听
The proportion referred to depends upon the number of complete quarter years (鈥�40ths鈥�) in the period between the date of the last anniversary and the day before the charge.鈥�
For example 听
If the anniversary was on 15 January 2017 and the trustees make a distribution, just over 2 and a half years later, on the 31 July 2019 then you count 10 complete quarter years, i.e. 10/40ths. That is the proportion.鈥�
So, if the rate at the last anniversary was 3.3% then the rate of tax on the distribution will be 3.3% x 10/40 = 0.825%.听听
It also follows that if the rate of tax at the last anniversary was nil then no Inheritance Tax (IHT) is charged on the distribution.鈥�
However, there are situations where the rate at the last anniversary must be adjusted to take account of changes between the last anniversary and the date of charge. In such situations the added value is treated as if it were relevant property at the last anniversary (IHTA84/S69(2)). This will increase the initial rate, but it could also give rise to rate relief on a subsequent distribution.鈥�
An adjustment will be necessary when鈥�
the settlor adds more relevant property to the trust鈥�
the settlor makes a same day addition to another trust (IHTM42233) or鈥�鈥�
property that was non-relevant property at the last anniversary (or added later) has become relevant property,听for example because the property becomes UK situs (IHTM27071)听or because the settlor has become long-term UK resident听(IHTM47000).
An adjustment is also made if the nil rate band has changed but only if it leads to a reduction. If so, then you recalculate the nil rate band available using the new lower band (IHTA84/Sch 2 para 3).鈥�
Example 1: addition by settlor鈥�
At the last anniversary on 15 March 2017 the value of the relevant property was 拢500,000 and the nil rate band available, after proportional charges of 拢100,000 in the previous ten- year period, was 拢225,000.鈥�
The initial rate of tax was calculated as follows鈥�
Relevant property 听听 拢500,000鈥�
Less NRBA鈥赌€赌€赌€赌€赌€赌€赌€赌€赌� 拢225,000鈥�
叠补濒补苍肠别鈥赌赌赌赌赌赌赌赌赌赌赌赌赌赌赌赌赌� 听 听 听 拢275,000鈥�鈥�
At 20%鈥赌€赌€赌€赌€赌€赌€赌€赌€赌€赌�听 鈥� 听 拢55,000鈥�
笔谤辞辫辞谤迟颈辞苍鈥赌赌赌赌赌赌赌赌赌赌赌赌�听 鈥� 听 11% (55/500)鈥�
罢丑谤别别-10迟丑蝉鈥赌赌赌赌赌赌赌赌赌赌赌� 听 听 3.3%鈥�
Before any distribution is made by the trustees the settlor adds 拢200,000 to the trust. If there is a subsequent distribution the initial rate will be鈥�鈥�
Relevant property听 拢500,000鈥�
Addition鈥赌€赌€赌€赌€赌€赌€赌€� 听 听 听 拢200,000鈥�
鈥赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌� 鈥� 听 听 听 拢700,000鈥�
Less鈥赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌� 听 听 听听 拢225,000鈥�
Balance鈥赌€赌€赌€赌€赌€赌€赌€� 听 听听 鈥�拢475,000鈥赌�
At 20%鈥赌€赌€赌€赌€赌€赌€赌€赌€� 听 听听 拢95,000鈥�
Proportion鈥赌€赌€赌€赌€赌€� 听听 13.571% (95/700)鈥�
Three-10ths鈥赌€赌€赌€赌€� 鈥� 4.071
鈥�Example 2: non-relevant property becomes relevant property鈥�
At the last anniversary on 15 March 2016 there was no relevant property in the trust because the settlor was not domiciled in the UK and the trust asset was a shareholding in a foreign company, i.e. the shares were excluded property. However, on the 6 April 2017 the shareholding became relevant property because its value was attributable to the value of UK residential property. The value on 6 April 2017 was 拢900,000.鈥�听
If there is a subsequent charge, then the initial rate will be鈥�
Relevant property at the last anniversary鈥�鈥赌� (nil)鈥�
New relevant property鈥赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌�900,000鈥�鈥�
Less nil rate band鈥赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€�拢325,000鈥赌�
叠补濒补苍肠别鈥赌赌赌赌赌赌赌赌赌赌赌赌赌赌赌赌赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€�拢575,000鈥�
At 20%鈥赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌� 拢115,000鈥�
笔谤辞辫辞谤迟颈辞苍鈥赌赌赌赌赌赌赌赌赌赌赌赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€� 12.778% (115/900)鈥�鈥�
罢丑谤别别-10迟丑蝉鈥赌赌赌赌赌赌赌赌赌赌赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€赌€�3.833%鈥�
鈥�The rate process after any adjustment above is the same as it is for charges before the first anniversary (IHTM42114).鈥�
- you count the number of complete quarter years between the last anniversary and the day before the date of charge and apply that against the historic rate (or the adjusted rate) but听
- if the trustees distribute new relevant property, then you do not take into account the number of complete quarters between the last anniversary and the date the property became relevant property and听
- if the trustees are paying the IHT from the remaining relevant property the amount distributed will need to be 鈥�grossed up鈥�. (IHTM42118)