Summary
The 2006 Spring Budget changed the treatment of some life policies written in trust. This article explains the tax position unveiled by the Finance Bill.
Life Insurance. How the new regulations affect policies written in trust. Page 2
Author: Michael Challiner
For most people, the purpose of writing a life insurance policy in trust
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New life insurance policies written in trust will now be caught by a tax ( medical insurance ) charge if the policy's payout makes the deceased's 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 trust's 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 ( cheap mortgages ) 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 ( car insurance cover ) 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.