This topic was mentioned in a different thread and as I have been using this (legal) IHT avoidance scheme for 10 years, I offered to explain how I do it to those who are interested.
Apologies in advance for the length of this post.
Useful general information about gifts from surplus income can be found in various websites; a fairly clear example is:
https://www.gabyhardwick...s-out-of-surplus-income and also:
https://www.tilney.co.uk...fts-from-surplus-income
It can be useful to check HMRC:
https://www.gov.uk/hmrc-...ce-tax-manual/ihtm14255
Briefly, to qualify for IHT exemption, gifts must be regular or planned to be regular – a single gift would not warrant exemption. A letter to the beneficiary would be useful; in my case I wrote such a letter to my son before his marriage, explaining that I wished to make an annual gift to him of about £15K as my income exceeded my expenditure and expressing the wish that he use my gift to buy an ISA every year.
I then drew up a spreadsheet with income and expenditure, with columns for each fiscal year since setup.
The income rows included: self-employment income, State Pension, P2P interest, rent from let property, dividends from GIA, ISA dividends, VCT dividends, bank interest, bonds interest. It is important to note that only income, not capital gains, can be included.
These were totalled and the applicable income tax deducted to get to the total disposable income.
The expenditure rows detail: Utilities (split into water rates, gas & elec, telecommunications), council tax, regular pension contributions, car insurance/tax/parking permit, car repairs, petrol & repairs, food, clothing, household goods, cleaner, holidays & general travel, allocation for house repairs, entertainment, general gifts. I have stated where appropriate that expenses are estimated.
The final lines of the spreadsheet give the annual totals of net income less expenditure to show the surplus income, and then the annual gift (which does not have to be the same every year). To be on the safe side, I have never given more than 50% of my stated surplus income each year, thus helping to ensure that my scheme will be acceptable.
It took a bit of time to set up, but once done it has been very easy to continue. HMRC do not specify quite as many details of expenditure as I have included, but I’ve worked on the principle that the more details the better!
None of this has to be reported to HMRC while I am alive, but my executers will need to fill out the following form:
https://assets.publishin...917890/IHT403-05-20.pdf Page 8 on the form is the relevant page.
I print out a copy of the current spreadsheet every year and deposit it with my will and other documents.
I can honestly say that after setting it up, updating the spreadsheet takes a few hours per year.
If there are any queries I’ll be happy to try and answer them.