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TAX – Chapter 24 – Example 2 ! Help please

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA TX-UK Exams › TAX – Chapter 24 – Example 2 ! Help please

  • This topic has 3 replies, 4 voices, and was last updated 1 year ago by JillyB.
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  • August 7, 2020 at 3:43 pm #579540
    pranee03
    Participant
    • Topics: 5
    • Replies: 27
    • ☆

    Answer to Example 2
    £243,200
    The gift on 1 October 2008 to her son is a PET. This was not chargeable when made nor will it be chargeable on death as Dee survived for the required 7 years. The transfer is therefore exempt but will be deemed to have used the Annual Exemptions for 08/09 and 07/08
    The gift on 1 June 2009 is a CLT and was chargeable when made but not on death as again Dee survived for 7 years.
    The gift on 1 September 2015 is a PET and will be chargeable on death as Dee died within the next 7 years.
    Step 1 Compute the Chargeable Transfers Transfer of value
    Less: Exemptions
    AE 09/10
    AE 15/16
    AE 14/15
    Chargeable Transfer
    AE 08/09 will have been applied to the 1 October 2008 PET despite it never becoming chargeable.
    1/6/09 CLT 336,000
    1/9/15 PET 296,000
    (3,000)
    (3,000)
    £ Gross IHT Transfers
    333,000 335,000 2,000
    333,000
    (3,000) 290,000
    Step 2
    1/6/2009 325,000 8,000
    Lifetime Transfers Chargeable When Made CLT
    @ nil @ 25%
    = nil
    = 2,000
    As the donor, Dee, paid the IHT, the transfer is a net transfer and therefore the excess over the nil rate band is taxed at 25%
    ACCA Taxation (TX-UK) (FA2019)
    Answers to examples Paper TX-UK
    Step 3 Lifetime Transfers Chargeable on Death
    This is the hardest part of the question and requires us to firstly determine the earliest transfer within the 7 years before death as the starting point. In this example there is only one such transfer the PET on 1/9/15. However in computing any IHT payable on this transfer we must take account of what nil rate band is available after firstly deducting from it any CLT’s made within the 7 years of this transfer:
    213
    CLT 7 years < 1/9/2015 1/9/2015 PET No available nil rate band
    = 290,000 @ 40%
    Less: Taper Relief ((5-6 years) 60%)
    = 116,000
    Gross Transfers
    335,000
    290,000 116,000 625,000
    (69,600) 46,400
    IHT
    Although the CLT of 1 June 2009 has drastically affected the tax payable on the PET of 1 September 2015 it will only be relevant for transfers within the following 7 years hence any transfer after that date (1 June 2016), or as here the Chargeable Estate, will not take account of this earlier CLT in computing any IHT payable.
    The 7 year cumulation period at the date of death will only therefore consider the PET of 1 September 2015 in determining any available nil rate band.
    As there is no mention in the question of a main residence being included in the estate at death there is no residence nil rate band to apply.
    Step 4 Chargeable Estate at Death – 1 March 2021 Chargeable Estate
    Available nil rate band = 325,000 – 290,000 = 35,000 IHT on Estate
    35,000 @ nil = nil 465,000 @ 40% = 186,000 500,000

    The above is the answer to Example 2 in Chapter 24.
    Why is the 290,000 being deducted from 325,000 even though the NRB did not get used in September 2015?
    Should not there be a full use of NRB in 2021 March (when he dies)?

    Thank you

    August 12, 2020 at 8:54 am #580211
    Tax Tutor
    Member
    • Topics: 2
    • Replies: 3965
    • ☆☆☆☆☆

    Have you watched the lecture that reviews this question and explains the basis of the answer?

    November 28, 2024 at 2:12 am #713581
    goodjay
    Participant
    • Topics: 0
    • Replies: 1
    • ☆

    The lecture video is not complete. it was cut off at the point of answering step 3

    December 1, 2024 at 2:23 pm #713660
    JillyB
    Keymaster
    • Topics: 0
    • Replies: 899
    • ☆☆☆☆

    The dates in the question you have provided are several years out of date – are you using the latest manual. My dates are Oct 11, June 12 and Sept 18? Dee died 1.3.24

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