Sole trader vs limited company?

Inheritance tax is deeply unpopular, there’s no denying it. According to a 2015 YouGov poll, 59 per cent of the population think it’s unfair. 

So whichever party is in power after the Election, it’s likely they will include it as one of the taxes to be reviewed.    

Indeed, at the Tory party conference in September, the Chancellor, Sajid Javid, went so far as to hint he was considering scrapping inheritance tax altogether. He is thought to be uneasy that revenue from the tax reached an unprecedented £5.4 billion in 2018-19; a figure made even more noteworthy when only 4-5 per cent of UK estates are liable for inheritance tax.    

Politicians have protested against the tax for many years – and not just in the UK. Way back in 2007, George Osborne proposed that the threshold should be raised to £1 million. In the US, the Republicans under George W Bush gradually reduced inheritance tax until it was abolished altogether for a temporary period in 2010. As for the current day, Donald Trump has doubled the threshold from $5.5m to $11.2m. Other countries that have eliminated the tax altogether include Sweden and Norway, India, Canada and Austria.     

Inheritance tax is thought to be unjust, sometimes even referred to as the ‘death tax’, because it is deemed to be a form of double taxation. As Sajid Javid put it, “I do think when people have paid taxes already through work or through investments — capital gains and other taxes — there is a real issue with then asking them to, on that income, pay taxes all over again.” 

But it’s not the only instance of double taxation in everyday life. For example, we all pay VAT on goods with income that has already been taxed. What’s more, it is the bequeathed estate that is taxed, not the person. The tax (at a rate of 40 per cent) only kicks in on estates above £325,0000 or £650,00 for a couple, with the relatively new nil rate band allowance enabling property up to £1million to be transferred.   

Those who defend a progressive inheritance tax system do so in the interests of equality of opportunity. They believe it prevents privilege simply being transferred from one generation to the next.  

It seems likely, however, that political parties on each side of the spectrum will propose an alternative to the current rules. Whatever is introduced, a simplified system would be welcome. The Institute for Public Policy Research (IPPR) has put forward a solution which would abolish the tax and replace it with a lifetime donee-based gift tax. This new tax would be due on any gifts received by an individual over a lifetime allowance of £125,000, at the same rate as income tax, but gifts between partners would be exempt. 

The Resolution Foundation estimate this would raise £15 bn in 2020/21, £9.2 bn more than the existing system, making it an effective way to replace the current £5.4 bn.   

Watch this space to see how this this particularly contentious hot potato is handled by whoever is in power next.

Inheritance tax (IHT) can be an incredibly punitive tax on your estate. However, by making the right choices, you can vastly reduce the amount of your estate liable for IHT.

While other tax free allowances, such as the ISA allowance, have risen in recent years, the IHT threshold has remained stagnant. Since April 2009, the individual allowance has remained at £325,000. Anything above this is taxed at 40%. Research from Hargreaves Lansdown suggests that had the threshold kept pace with inflation since 2009, it would now stand at £436,566. Here are some ways you can mitigate the amount of your estate the taxman takes when you die.

Spend

This is the simplest way to reduce the size of your estate. If you spend money on yourself, it’s not considered part of your estate for IHT purposes when you die. However, things you gift to members of your family or friends can become liable for IHT.

Gifts

As we previously mentioned, in some cases gifts can be liable to IHT. Gifts made to an individual become exempt from IHT only if they are made seven years before you die.

If you die within seven years of making the gift, the value of any gift that lies outside of your £325,000 tax free allowance is taxed according to a sliding scale. Gifts made less than three years before you die are taxed at 40%. This reduces to 8% within six to seven years after your death.

The annual gifting allowance is £3,000, while you can also make small gifts of £250 per person. Gifts between spouses and civil partners are always exempt from inheritance tax, providing that they were born in the UK. If they weren’t, there may be limits.

Trusts are sometimes used to control how the gift is spent by the recipient. This means you can choose what the money goes towards, as well as when they can access it. Other common ways of gifting are contributing towards a Junior ISA, helping with education fees or contributing towards a deposit on a property.

Investing

Investing in certain types of stocks can be a good way of reducing your liability.

AIM stocks – invested in smaller companies – count as part of your estate, but are taxed at only 0% after a period of time. These assets become exempt from IHT after they have been held for two years rather than seven. If you’re interested in investing in AIM stocks it’s worth doing your research to make sure they’re the right financial decision for you.

If you’d like to know how you can begin to reduce your IHT liability, it’s worth seeking independent financial advice. This will enable you to tailor an estate plan right for you.