Many clients have accumulated substantial funds within ISAs and PEPs over the past 10 years and enjoyed significant tax breaks in the process. It's not unusual to see clients with capital in PEPs and ISAs in excess of £200,000 enjoying the freedom to switch investments without incurring capital gains tax, personal liability to tax on dividend income or bond interest received within the tax sheltered 'wrapper'.
Many clients have accumulated substantial funds within ISAs and PEPs over the past 10 years and enjoyed significant tax breaks in the process.
It's not unusual to see clients with capital in PEPs and ISAs in excess of £200,000 enjoying the freedom to switch investments without incurring capital gains tax, personal liability to tax on dividend income or bond interest received within the tax sheltered 'wrapper'.
However, as clients get older and inheritance tax (IHT) becomes an important consideration in their financial planning, many fail to recognise that capital growth from any investment held within the estate may ultimately be worth only 60% of its accrued value. Inheritance tax could easily apply at 40%, both to the assets themselves and any growth achieved over the years.
So the 'tax-free' growth from PEPs and ISAs may not be all it seems...
To illustrate this, let us assume that a male client aged 70 has £200,000 invested in PEPs and ISAs and has no personal need for the income generated of approximately 3% per annum gross.
Current life expectancy for a 70-year-old male is just under 85 years old (source: Faculty and Institute of Actuaries 2007). Assuming a total annualised return of 7% per annum net of costs is achieved, in 15 years' time the portfolio may be worth in the region of £515,000.
If we assume the family home will utilise the nil-rate band* at the time of death (ie, assuming £600,000 for a married couple in today's money), the whole of the PEP and ISA portfolio may be subject to IHT at 40%. The net value passing to the family will then be just £309,000.
If instead, the client had chosen to receive income generated within the PEPs and ISAs and made regular gifts of this surplus income to the family - for example, to help with school fees or to increase tax-efficient pension funding - then the future capital value would be reduced to just £346,000.
The liability to IHT at 40% on those assets would be £138,400, leaving £207,600 passing to the family.
However, income distributions over the period, even ignoring growth on any gifts made, would amount to £150,770 and importantly, be free of IHT in the hands of the person donated to. In total, the family would have received £358,370 - overall, a saving of £49,370 and perhaps more importantly, the next generation would have the use of those funds when they need them most.
In summary, in certain circumstances and especially as clients get older, it may be better to 'cap' growth within the ISA or PEP and to change investment strategy in order to generate increased tax-efficient income for distribution to the investor.
Providing this income can be considered for gifting to the family, there is unlikely to be any eventual liability to IHT under the 'normal expenditure from income' exemption and less capital will find its way into the hands of the Treasury.
Care is required both in terms of recording the gifts and to ensure they meet the criteria for the exemption, ie, they must be 'normal expenditure', made from genuine income and after allowing for the gifts, the person transferring must be left with enough income to maintain their usual standard of living. Even gifts out of income will not qualify for exemption if the person transferring has to resort to capital for living expenses.
Keeping a record of the gifts made is vital as the 'test' for the exemption is only carried out post-death.
Finally, where clients wish to retain access to funds or control of the capital, other approaches such as 'gift and loan' trusts or discounted gift trusts may offer more suitable strategies. However, the overriding objective in all these scenarios is to move future growth outside the estate.
* Projected to increase at 3% per annum and have increased
Key Considerations:
There are a number of options available to you when it comes to estate planning, and inheritance tax mitigation. It is imperative that you consider ALL the options available to you before you take any action.
ACTION POINT
Calculate what your current exposure is to IHT. Once you've done this, devise suitable strategies to help reduce the amount of tax that your beneficiaries would have to pay. It's advisable to speak to an estate planning specialist as of all the financial planning areas, this is probably one of the most complicated.
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