Writing for Taxation magazine’s Readers’ Forum, BKL private client tax specialist Terry Jordan answers a query on time deposits and how the interest accrued up to death is treated for inheritance tax (IHT) and income tax.
The tax query
‘I am acting as executor, in my personal capacity, for an elderly aunt who died recently.
Among her assets is a time deposit that will mature in February 2025. I vaguely recall something about this situation when I studied IHT and taxation of estates years ago, but I would appreciate being reminded.
How is the interest accrued up to death treated for IHT and for income tax? I presume that none of it is charged to income tax on the deceased, but is it subject to a double charge – once to IHT as part of the value of the estate, and once to income tax when it is received? I think that would just be harsh.’ Query 20,441 – Puzzled exec.
Terry Jordan’s reply: The interest is taxable when it arises under ITTOIA 2005, s 370
‘Puzzled exec is concerned with a time deposit owned by his late aunt that matures in February 2025. For individuals and trustees, the income tax treatment is summarised in SAIM2010: ‘There is no statutory definition of “interest”. In most cases, it is readily apparent that someone has received interest. The charge to income tax on interest is contained in chapter 2 of Part 4 of ITTOIA 2005, s 369, which includes the following:
- Interest from UK bank, building society and other savings accounts
- Interest on gilts, and on other securities issued by governments or companies
- Interest on loans made privately to individuals or companies
- Interest received on delayed payments or refunds
- Interest received by UK residents on bank accounts, securities or other investments situated abroad.’
The interest is taxable when it arises under s 370 and that is when it is received or made available to the recipient who is liable under s 371. When it does not arise annually the recipient may miss out on the savings allowance of £1,000 a year (£500 for higher-rate taxpayers and nil for additional rate taxpayers) or move into a higher tax band. This was a criticism of NS&I’s guaranteed growth bonds.
Puzzled exec’s memory serves him well as for IHT purposes it will be necessary to include interest accrued to the date of his aunt’s death on form IHT406. See IHTM10070: ‘The following should be included in box 52 of the IHT400:
current, deposit, high interest, fixed interest, term, bond and money market accounts with a bank, building society, mutual, friendly or co-operative society
accounts with supermarkets or insurance companies
cash in an individual savings account or other tax exempt savings accounts.
Details of the investments and figures for the capital and interest owed, but not paid, up to the date of death should be shown in box 1 on form IHT406.’’
The full article was published in Taxation magazine (issue 4966) and is available to subscribers here on the Taxation website.
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