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Debts and deductions

21 July 2015 / Terry Jordan
Issue: 4510 / Categories: Comment & Analysis , Inheritance Tax , Land & property
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The effect of borrowings on estate planning

KEY POINTS
  • Originally liabilities on property were taken into account and would reduce its value.
  • Borrowings could then be invested into inheritance tax exempt assets.
  • FA 2013 prevented the use of the tax-saving strategy from 17 July 2013.
  • Now borrowings must be repaid after death if they are to be deductible for inheritance tax purposes.
  • A liability may be deducted against an estate only if it is discharged out of the estate.
  • The changes may affect the use of bank guarantees or letters of credit by Lloyd’s names.
In Shakespeare’s Hamlet Polonius said: “Neither a borrower nor a lender be; for loan oft...

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