Life Insurance. How The New Regulations Affect Policies Written In

admin — Tue, 23 Mar 2010 16:10:59 +0000

Life Insurance. How The New Regulations Affect Policies Written In Trust.

In his spring Budget the Chancellor Gordon Brown announced swinging measures to tackle the use of Trusts being used to avoid Inheritance Tax. The immediate reaction amongst the financial and legal fraternity amounted to panic and confusion. Within ten days of the budget speech the estimates of the numbers of people that could be hit by the new anti-trust provisions hit 4.5 million.

Then, following the publication of the draft Finance Bill, the estimates fell to 1 million people. So, with specific reference to life insurance policies written in trust, whats happening?

Well firstly before we go any further, we have to make the point that this article is commentating on the position based on the first draft of the Finance Bill and itll be early July 2006 before that bill becomes law. As I write, the legislation still has to pass through parliament and its possible that the situation could change yet again. If it does I will keep you informed.

Within weeks of the budget speech, the Government retreated from its previously held position that all life policies written in trust are caught by the new legislation. The current position is that if your life insurance policy was written in trust before budget day 2006, then the money in the trust remains totally free of tax and fees. The legislation is not now to be retrospective. Thats one headache dispensed with.

However, if your policy was written in trust after the Spring Budget Day in 2006, then the new tax rules do apply.

For most people, the purpose of writing a life insurance policy in trust is to ensure that the policy pays out quickly and directly to where you want the money to go often to a mortgage provider to repay the mortgage or to beneficiaries in the family to allow them to spend straight away as they like and tax free. These trusts that break upon death, are not now affected by the new regulations. Thats because only trusts that continue to hold money after the policyholders death are targeted by the new rules.

New life insurance policies written in trust will now be caught by a tax charge if the policys payout makes the deceaseds estate exceed the Inheritance Tax Threshold (IHT) of 285,000 and the policy is written in a type of trust known as an interest-in-possession trust.

Interest-in-possession trusts have been used to hold and invest the money paid out from a life insurance policy and pay the trusts income to the spouse. The capital then passes to the children on the death of the spouse. Following the budget, these arrangements will be subject to a 40% IHT charge when then money passes into the trust for your spouse – plus a 6% tax charge every ten years and an exit fee. These taxes can be avoided if the you give your spouse significant control over the trust, which many people may perhaps not want to do especially if they are in a second marriage with children from previous relationships. The alternative is to use a bare trust as this type of trust is not caught by the new regulations. However, if you do use a bare trust, the money automatically goes to your children when they reach the age of 18.

If you are buying a new life insurance policy and want to use it to pay off a mortgage or provide immediate money for your family if you were to die, then you should still consider writing our policy in trust. However, it becomes more important than ever to buy the policy through a broker who is fully versed in the current requirements for trusts and can ensure you get exactly the type of trust you need.

Life Insurance Available With Tax Relief.

admin — Thu, 04 Mar 2010 01:18:13 +0000

At last you can buy life insurance and get tax relief. The breakthrough results from changes in the Gordon Browns’ latest Budget speech but the tax relief is only available on a new special sort of life insurance policy. You can’t get tax relief on your existing life insurance policies.

These new policies exploit a loophole in the new Finance Bill and should result in savings of between 5% and 15% for standard taxpayers and around 30% for higher taxpayers.

But there are strings attached! You can’t add extras on to your life policy such as critical illness cover and the insured sum must be a fixed sum. Neither can you have a joint policy. Basically, it has to be a bog standard, level term, single beneficiary, life insurance policy.

Then there are more restrictions, but quite honestly, these are unlikely to pose a problem to anyone unless they’re very wealthy! You can’t have one of these special life policies if the annual contributions you pay into your pension plus the life insurance premiums, exceed 215,000 per year. Furthermore, if the value of your pension fund plus the payout on your life policy exceeds 1,500,000, the current limit set by the Chancellor, then the excess will be taxed at 55%. Conventional life insurance policies are excluded from this calculation.

Tax relief on the premiums is automatically collected by the life insurance company so you pay a premium which is already reduced by standard rate tax relief. If you’re a higher rate taxpayer, you’ll have to claim the extra tax through your self-assessment tax return. However, once you’ve told your taxman about your premiums, they should automatically continue to give you the tax relief through your tax code.

So why are the savings less than the value of the tax relief? Well, the reason is that the life companies have to administer the tax relief and there are certain operational restrictions imposed by the Inland Revenue on the insurance company. This means that the basic cost of these policies is a little more than conventional life insurance but after the tax relief you should save.

As with all these loopholes, you must be aware that the Chancellor could remove the tax relief. Having said that, it is rare for a future tax change to be applied retrospectively so you are likely to be safe. Your income could also change and move you into a lower tax bracket. This would reduce your savings.

This new type of life policy is now available from most of the big UK insurers and specialist life insurance brokers. However, you won’t be able to get an online quotation you’ll have to speak on the phone to a Life Insurance Adviser.

And just to confuse matters these policies are known under a range of names: Pension Term Insurance, Life Insurance with Tax Relief, Life Protection with Tax Relief but they all mean the same thing.

Oh yes, let me confirm one miss-understanding. No, you don’t have to buy a pension at the same time!

Compare car, travel and more cheap insurance quotes » Finance Bill

Life Insurance. How The New Regulations Affect Policies Written In

Related posts

Life Insurance Available With Tax Relief.

Related posts