IHT ruling threatens discretionary trusts 'safety'

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A test case decision by HM Revenue & Customs' Special Commissioners could mean the use of nil rate band discretionary trusts to avoid Inheritance Tax is under threat, claims MacIntyre Hudson.

The accountancy firms says the decision by Special Commissioner Dr John Avery Jones to reject an appeal against a notice determination by HMRC could mean a “previously “safe” tax planning mechanism for reducing the IHT charged on the family home could be chalked off”. MacIntyre Hudson claims to reduce the IHT liability of a married couple it has been common practice to place the value of the family home into a discretionary trust for the heirs on the first death of the couple - up to the nil-rate band of £300,000 and in the form of an IOU. It says this planning method can save familie...

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