Inheritance Tax (IHT) Planning

Don't Lose 40% of your estate to HMRC - Take Control and Protect Your Wealth

Without proper Inheritance Tax (IHT) Planning, up to 40% of your estate could go to HMRC instead of your loved ones. Our expert guidance on IHT, trusts and tax-efficient strategies can help you safeguard your assets and ensure more of your wealth goes to your family - not the taxman. 

Explore your options today and secure your financial legacy.

Inheritance Tax Planning | Reduce Your IHT Liability | Estate Planning | Trusts | Wills

What is Inheritance Tax?

Inheritance Tax (IHT) is a tax on the estate of someone who has passed away, covering everything they own, such as property, money, possessions, cars, jewelry, and investments. In the UK, IHT is typically charged at 40% on estates valued above a certain threshold.

IHT only applies to the portion of the estate that exceeds exemptions. Understanding how IHT works is crucial for effective estate planning, ensuring that your loved ones aren't burdened by unexpected tax liabilities and that your estate is managed according to your wishes.
When someone dies, their legal personal representatives (LPRs), often called executors, are responsible for submitting a report to HM Revenue & Customs (HMRC), detailing the total value of the estate. However, not all of the estate is subject to IHT.

Each individual has a nil-rate band, which is an amount of the estate exempt from tax. Additionally, the residence nil-rate band may apply in certain circumstances, providing further tax relief on the value of the family home.

Successful Inheritance Tax (IHT) Planning should be a continual process, rather than a one-off exercise. Therefore, it is important that you regularly review any IHT arrangements you have made with your financial adviser.

Why is Inheritance Tax Planning Important?

Inheritance Tax (IHT) Planning is about deciding how your assets will be distributed, whilst ensuring it's done in the most efficient way possible.

Reducing Inheritance Tax 

Both nil-rate bands (NRBs) are currently frozen. Both will be frozen until 2030. In the meantime, the value of your estate has likely increased, in particular because of a steady increase in house prices during this period. £7.5 billion was collected in IHT receipts by HMRC in the 2023/2024 tax year, representing a 5.6% increase on receipts in 2022/2023.

By taking action today, you can help combat the effects of the frozen NRBs, reducing your estates IHT liability and helping you ensure as much of your wealth as possible is distributed to those you care about.

Peace of Mind

While Inheritance Tax (IHT) efficiency is important, estate planning is about more than just minimising tax. It’s your opportunity to ensure that the people you want to benefit from your estate actually do. With the right plan in place, you can have peace of mind knowing your wishes will be respected.

Using trusts adds an extra layer of protection, allowing you to set aside assets for your chosen beneficiaries. This ensures your wealth is passed on exactly as you intend, giving you confidence that your loved ones will be taken care of.

Changes to IHT and UK Registered Pension Schemes

Money held in a UK Registered Pension Scheme is currently exempt from IHT. However, changes announced in the 2024 Autumn Budget propose to bring unused money held within a pension scheme into the scope of IHT for deaths on or after 6 April 2027. 

Further details of how the tax will be applied are expected in due course.

The Nil-Rate Band (NRB)

This is a band of up to £325,000 available to all individuals, which can be used to reduce your taxable estate.

The amount may be reduced if you have made gifts within 7 years before your death.

You may also have an additional NRB transferred to you if you have been predeceased by a spouse or civil partner (see below).

The Residence Nil-Rate Band (RNRB)

The first £175,000 of the value of your main residence will be free of IHT if you leave it to your ‘direct descendants’, this includes children and grandchildren.

The RNRB may be lost or reduced if the value of your estate exceeds £2 million, or the value of your main residence is less than £175,000, or you do not have direct descendants (or do not wish to leave your property to them). Your financial adviser will be able to help you understand whether the RNRB will apply to you.

You may also have additional RNRB transferred to you if you have been predeceased by a spouse or civil partner.

Transferring Nil-Rate Bands to your spouse or civil partner

Anything you leave to your UK-domiciled spouse or civil partner is free from IHT at the time of your death and will not use the NRB or RNRB. However, keep in mind those assets now form part of their estate and may be subject to IHT on their death.

To help with this, any NRB and RNRB you don't use is transferred to your surviving spouse or civil partner for us on their death. This currently gives a potential total NRM of £1 million when combined.
For more information about Inheritance Tax, please click here to visit GOV.UK

Inheritance Tax (IHT) Exemptions and Reliefs

There are several exemptions and reliefs that can reduce the Inheritance Tax (IHT) liability:

Gifts: Gifts made more than seven years before death are generally exempt from IHT.
Annual Exemption: You can give away up to £3,000 each tax year without it counting towards your estate.
Charitable Donations: Leaving part of your estate to charity can reduce your IHT rate to 36% on the rest of your estate (You need to donate at least 10% of your estate to charity for the discount to apply).

How to Plan for Inheritance Tax (IHT Planning)

Effective estate planning can minimise the impact of Inheritance Tax (IHT). Here are some strategies:

Make a Will

Ensure your wishes are clearly outlined in your will, so your estate is distributed exactly as you intend. Without a will, your assets may not go to the people you want, and your loved ones could face legal complexities or unexpected tax burdens. Making a will gives you peace of mind, protects your family’s future, and ensures everything is handled according to your wishes.

Consider Trusts

Placing assets in a trust can help protect them from Inheritance Tax (IHT), ensuring they are managed and distributed according to your wishes. By using trusts, you can control how your wealth is passed on, potentially reduce tax liabilities, and provide financial security for future generations.

Regularly Review 
Your Estate:

Life events such as marriage, divorce, the birth of children, or even the death of a loved one can significantly impact your estate plan. It’s important to regularly review and update your plan to reflect these changes, ensuring that your wishes remain accurate and your loved ones are protected.

How Can I Reduce My IHT bill?

The main approach to IHT mitigation is to reduce the value of your estate over a number of years. The smaller your estate when you die, the less your IHT bill is likely to be.

There are many approaches to reducing your IHT liability, such as those outlined below. Some are more complex than others and some may not be suitable for you, so it is always important to get professional financial advice.

Understanding and planning for Inheritance Tax (IHT) is crucial for protecting your family's financial future. By taking proactive steps, you can ensure that more of your estate is passed on to your loved ones rather than going to the taxman. 

We offer complimentary consultations with a local financial adviser, including a free review of your assets and estate, along with our expert recommendations. There’s no obligation - fees only apply if you choose to proceed with our advice.

The Seven-Year Rule for Gifts is an important aspect of Inheritance Tax (IHT) legislation.

Under U.K. tax law, gifts made during a person's lifetime can be subject to Inheritance Tax (IHT) if the donor dies within seven years of making the gift. The seven-year rule helps determine whether these gifts are liable for Inheritance Tax (IHT) and how the tax is calculated.

Gifts made more than seven years before death are generally exempt from IHT.

If you give a gift and live for seven years after making that gift, it generally falls outside of your estate for IHT purposes.

If you die within seven years of making the gift, it may be included in your estate, potentially subjecting it to IHT.

Taper Relief:

If you die within the seven years, the amount of IHT due on the gift may be reduced by what is known as "taper relief".

Taper relief applies if the gift was made between three and seven years before death. The relief reduces the IHT due on the gift based on how many years have passed since the gift was made:
3 to 4 years: 20% reduction
4 to 5 years: 40% reduction
5 to 6 years: 60% reduction
6 to 7 years: 80% reduction
No relief applies if the gift was made less than three years before death.

Annual Exemption:

Each individual can gift up to £3,000 each tax year without it counting towards their estate when calculating Inheritance Tax (IHT). This is known as the "annual exemption".

If the full exemption is not used in one year, it can be carried forward to the next year, but only for one year.

Other Exemptions:

Certain gifts are exempt from IHT regardless of the seven-year rule, such as gifts to spouses or civil partners, charitable donations, and small gifts up to £250 per person each tax year.

Potentially Exempt Transfers (PETs):

Gifts made during a person's lifetime are categorised as Potentially Exempt Transfers. If the donor survives for seven years after making the gift, it becomes exempt from IHT. If they do not survive, the gift may be taxed.

The Seven-Year Rule for Gifts (IHT): Example Scenario

Gift Amount: A parent gives their child £50,000 in 2020. 
Parent's Death: The parent passes away in 2023. 
IHT Implications: Since the gift was made three years before death, it is a potentially exempt transfer. However, it is subject to taper relief, reducing the IHT liability on that gift. 
The seven-year rule for gifts is a crucial consideration for estate planning. By understanding this rule and the associated exemptions, individuals can make informed decisions about gifting during their lifetime and effectively manage their Inheritance Tax liabilities.

Gifting a Property & Inheritance Tax (IHT) Planning

When a gift is a property, the seven-year rule for Inheritance Tax (IHT) operates similarly to other types of gifts but with some specific considerations. Here’s a detailed overview of what happens when you gift a property:

Potentially Exempt Transfers (PETs)

When you gift a property, it is classified as a Potentially Exempt Transfer (PET). If you survive for seven years after making the gift, the property will not be included in your estate for IHT purposes.

If you pass away within seven years, the property may be subject to IHT.

Valuation of the Property

When gifting property, it must be valued at the time of the gift. The value of the property will be used to determine whether it exceeds the nil rate band (currently £325,000) and whether IHT applies.

Taper Relief

If you die within seven years of making the gift, taper relief may apply. The amount of IHT due on the property will be reduced based on how many years have passed since the gift was made:
3 to 4 years: 20% reduction
4 to 5 years: 40% reduction
5 to 6 years: 60% reduction
6 to 7 years: 80% reduction

Gift with Reservation of Benefit

If you gift a property but continue to live in it without paying a market rent, the gift may be considered a "gift with reservation of benefit." In this case, the property remains part of your estate for IHT calculations, as you are still benefiting from it.

Main Residence Nil Rate Band

If the property is your main residence and you pass it to direct descendants (children or grandchildren), the Main Residence Nil Rate Band (RNRB) may apply, potentially increasing the threshold for IHT.

Capital Gains Tax (CGT)

Gifting property can also trigger Capital Gains Tax (CGT) liabilities. If the property has increased in value since you acquired it, you may need to pay CGT based on the gain realised at the time of the gift. However, your main residence may be exempt from CGT under certain circumstances.

Gifting a Property (IHT): Example Scenario

Gift: A parent gifts their home valued at £500,000 to their child in 2021. 
Parent's Death: The parent passes away in 2023. 
IHT Calculation: Since the gift was made two years before death, the property is subject to IHT. The value of the property (£500,000) will be considered when calculating the estate's total value. If the total estate exceeds the nil rate band, the excess will be taxed at 40%.
Taper Relief: If the parent had survived for more than three years, taper relief could reduce the tax liability.
Gifting property involves several considerations regarding Inheritance Tax, including the seven-year rule, valuation, taper relief, and potential tax implications. Proper planning is essential to minimise tax liabilities and ensure that gifts are passed on effectively.

The Main Residence Nil Rate Band (RNRB)

The Main Residence Nil Rate Band (RNRB) is an important aspect of Inheritance Tax (IHT) in the U.K, specifically designed to help individuals pass on their family home to direct descendants without incurring significant tax liabilities. Here’s how it affects IHT calculations:

Main Residence Nil Rate Band (RNRB) Overview:

What is the Main Residence Nil Rate Band (RNRB)?

The RNRB is an additional threshold that can be applied to the nil rate band for estates that include a main residence passed on to direct descendants, such as children or grandchildren. As of April 2023, the RNRB is set at £175,000 per individual.

Eligibility Criteria

To qualify for the RNRB, the following conditions must be met:
The property must be your main residence at the time of death.
It must be passed on to direct descendants, which include children, grandchildren, stepchildren, adopted children, or foster children.
The value of the estate must not exceed certain thresholds. The RNRB begins to taper away for estates valued at over £2 million.

Impact on IHT Calculations: Combining RNRB with Nil Rate Band

The RNRB is an additional threshold that can be applied to the nil rate band for estates that include a main residence passed on to direct descendants, such as children or grandchildren. As of April 2023, the RNRB is set at £175,000 per individual.

Example: If an individual’s estate includes a main residence valued at £500,000 passed to their children, the IHT calculation would be:
Nil Rate Band: £325,000
RNRB: £175,000
Total Tax-Free Threshold: £500,000
In this scenario, no IHT would be payable since the estate value equals the combined thresholds.

Impact on IHT Calculations: Tapering of RNRB

If the value of the estate exceeds £2 million, the RNRB begins to taper away. For every £2 over this threshold, the RNRB reduces by £1.

Example: If an estate is valued at £2.2 million, the RNRB would be reduced:
Original RNRB: £175,000
Tapering: £175,000  (£1 for every £2 over £2 million)
Adjusted RNRB: £150,000 (assuming a £200,000 excess).

The Main Residence Nil Rate Band: Calculation Example

Estate Value: £2.5 million 
Nil Rate Band: £325,000 
RNRB: £175,000
Tapered RNRB: £100,000 (hypothetical adjustment)
Total Tax-Free Threshold: £325,000 + £100,000 = £425,000
Taxable Estate: £2.5 million - £425,000 = £2.075 million
IHT Due: 40% on £2.075 million = £830,000
The Main Residence Nil Rate Band plays a crucial role in reducing the Inheritance Tax burden on estates that include a family home passed to direct descendants. By effectively combining the RNRB with the standard nil rate band, individuals can maximise the tax-free threshold for their estates. Proper planning and understanding of these thresholds can significantly benefit estate planning strategies.

Impact of Selling a Property on RNRB Eligibility

If a property that qualifies for the Main Residence Nil Rate Band (RNRB) is sold before the owner's death, several factors come into play regarding the eligibility for the RNRB. Here’s how it works:

1. RNRB Requirements

To qualify for the RNRB, the property must be the individual’s main residence at the time of death and must be passed on to direct descendants (such as children or grandchildren). 

If the property is sold before death, the following considerations apply:

2. Replacement Property

If the individual sells their main residence but then buys another property, the RNRB can still apply to the new property if it becomes the main residence.

The key factor is that the new property must be the main residence at the time of death and meet the conditions for passing it on to direct descendants.

3. No Property Ownership at Death

If the individual sells their main residence and does not own any property at the time of death, they will not qualify for the RNRB. The allowance is specifically tied to the ownership of a main residence at the time of death.

4. Gift of Property

If the individual gifts the property to direct descendants before death and subsequently sells it, the RNRB would apply to the value of the property at the time of the gift, assuming the donor survives for seven years after the gift.

5. Downsizing Relief

If an individual sells a property that qualifies for the RNRB and then downsizes to a less expensive property, they may still be able to claim the RNRB on the value of the original property, provided it was passed to direct descendants.

This relief allows for some flexibility in estate planning, as it acknowledges that individuals may change their living circumstances.

Selling a Property on RNRB: Example Scenario

Original Property: An individual owns a home valued at £600,000 and plans to pass it to their children. They sell the property in 2022. 
New Property: The individual purchases a smaller home valued at £300,000 and lives there until they pass away in 2024. 
IHT Implications: If the new property is the main residence at the time of death and is passed on to direct descendants, the RNRB could still apply, potentially allowing for a tax-free threshold.
Selling a property that qualifies for the Main Residence Nil Rate Band before death can affect eligibility for the RNRB. However, as long as the individual has a new main residence at the time of death, or if they have downsized, they may still benefit from the RNRB. Proper planning and understanding of these rules can help maximize the tax advantages for heirs.

Downsizing Relief Overview

Downsizing relief in the context of the Main Residence Nil Rate Band (RNRB) is designed to support individuals who sell their main residence and move to a less expensive property, ensuring they can still benefit from the RNRB. Here are the specific rules and details regarding downsizing relief:

1. Eligibility Criteria

To qualify for downsizing relief, the following conditions must be met:
Sale of Main Residence: The individual must have sold or gifted a property that was their main residence.
Acquisition of a New Property: The individual must have moved to a less valuable property or have moved into a care home.
Time Frame: The sale of the original property and the subsequent move must occur at any time prior to death, but the downsizing relief applies specifically when claiming the RNRB.

2. Value Considerations

The downsizing relief allows the individual to claim the RNRB based on the value of the original property, even if the new property is of lower value.

The relief effectively allows for the RNRB to be calculated as if the individual still owned the original property.

3. Transferring the RNRB

If the property sold was worth more than the new property, the RNRB can be claimed based on the value of the original main residence up to the maximum limit. The RNRB applies as long as the property is passed on to direct descendants (children or grandchildren).

4. Main Residence Nil Rate Band Limitations

The downsizing relief does not increase the overall RNRB limit; it merely allows individuals who have downsized to still qualify for the RNRB up to the original property's value.

The RNRB limit is £175,000 (as of 2023) per individual and is subject to tapering for estates valued above £2 million.

5. Claiming the Relief

When filing the estate for IHT purposes, it is essential to declare the downsizing relief and provide details of the properties involved.

It is advisable to keep documentation of the sale of the original property and the purchase of the new property for accurate reporting.

Downsizing Relief (IHT): Example Scenario

Original Property: An individual sells their home for £600,000. 
New Property: They purchase a new, smaller home for £300,000. 
Death: The individual passes away and leaves the new property to their children.
RNRB Application: Although the new property is worth less, the individual can still claim the RNRB based on the original property’s value (£600,000), provided it meets the criteria for passing it to direct descendants.
Downsizing relief is a valuable provision that allows individuals who sell their main residence and move to a less expensive property to still benefit from the Main Residence Nil Rate Band. Understanding the eligibility criteria and how to claim this relief can significantly impact Inheritance Tax planning.

Implications of Gifting a Property That Is Not the Main Residence at Death

If a gifted property is not the main residence at the time of death, it has specific implications for Inheritance Tax (IHT) and the Main Residence Nil Rate Band (RNRB). Here’s how this situation is handled:

1. RNRB Eligibility

The Main Residence Nil Rate Band (RNRB) applies specifically to a property that was the individual's main residence at the time of death. If the gifted property is not the main residence at death, the RNRB cannot be claimed for that property.

2. Potentially Exempt Transfers (PETs)

Since the property was gifted, it is treated as a Potentially Exempt Transfer (PET). If the donor dies within seven years of making the gift, the value of the property may be included in the estate for IHT calculations.

If the donor survives for more than seven years, the property is generally excluded from their estate.

3. IHT Calculation

If the gifted property is not the main residence at the time of death and the donor dies within seven years of gifting:              
The value of the gifted property will be included in the estate for IHT calculation.
The standard nil rate band (£325,000) will apply to the total estate value, and any amount above this threshold will be taxed at the standard rate of 40%.

4. No RNRB Application

Without the RNRB applying, the estate may face a higher IHT liability, especially if the total estate value exceeds the nil rate band.             

Gifting a Property That Is Not the Main Residence at Death: Example Scenario

Original Gift: An individual gifts a property worth £400,000 to their child. 
New Main Residence: The individual then moves to a different property, which becomes their main residence. 
Death: The individual passes away three years later.
RNRB Application: Although the new property is worth less, the individual can still claim the RNRB based on the original property’s value (£600,000), provided it meets the criteria for passing it to direct descendants.
IHT Implications: The gifted property is not considered the main residence at the time of death, so the RNRB cannot be claimed for it. As the individual died within seven years of the gift, the value of the gifted property (£400,000) will be included in the estate for IHT calculations. The total estate value will determine whether any IHT is due.
If a gifted property is not the main residence at the time of death, it does not qualify for the Main Residence Nil Rate Band. The property may still be subject to Inheritance Tax if the donor dies within seven years of the gift.

Implications of Gifts Made More Than 7 Years Ago

If a gifted property is not the main residence at the time of death, it has specific implications for Inheritance Tax (IHT) and the Main Residence Nil Rate Band (RNRB). Here’s how this situation is handled:

1. Potentially Exempt Transfers (PETs)

Exclusion from Estate: Gifts made more than seven years before the donor's death are considered Potentially Exempt Transfers (PETs) and are excluded from the donor's estate for IHT purposes.

No IHT Liability: This means that the value of the gifted property will not be included in the estate when calculating IHT, regardless of whether the property was the main residence at the time of death.

2. No RNRB Application

Since the property is not part of the estate, the Main Residence Nil Rate Band (RNRB) will not apply to the gifted property. The RNRB is only relevant for properties that are included in the estate at death.

3. Impact on IHT Calculation

If the total value of the estate (excluding the gifted property) exceeds the nil rate band (currently £325,000), any amount above this threshold will be subject to IHT at the standard rate of 40%.

For example, if the estate is valued at £600,000 and includes no properties that are subject to PET rules, the calculation would be:              
Total Estate: £600,000
Nil Rate Band: £325,000
Taxable Amount: £275,000
IHT Due: 40% of £275,000 = £110,000

4. Previous Gifts Still Considered

While gifts made more than seven years ago are excluded, any gifts made within the last seven years will still be considered for IHT calculations if the donor dies within that timeframe.

This means that if the donor made multiple gifts over the years, only the most recent ones (within seven years) would be relevant for IHT purposes.            

Gifts Made More Than 7 Years Ago: Example Scenario

Gift: An individual gifts a property worth £400,000 to their child in 2010. 
Death: The individual passes away in 2024. 
Death: The individual passes away three years later.
IHT Implications:
- The gift made in 2010 is excluded from the estate since it was made more than seven years ago.

   - The estate is valued at £600,000 at the time of death, but the IHT calculation will be based only on the estate's current value.

   - If there are no other gifts made within the last seven years, the estate will be taxed solely based on its value above the nil rate band.
Gifts made more than seven years ago are effectively excluded from the estate for Inheritance Tax calculations, simplifying the IHT process for the remaining estate. Understanding the implications of these time frames is crucial for effective estate planning and tax management.

Writing a Will and keeping it up to date is an essential part of IHT planning

Many people wrongly believe that their whole estate will automatically go to their spouse/civil partner when they die. However, this only applies if a Will has been drawn up that provides for this to happen.

Writing a Will means you can specify exactly how you would like your assets to be distributed after your death and allows you to name your Legal Personal Representatives (LPRs) as well as the guardians for your minor children. It can also be used to reduce your tax bill.

Will writing is not part of the Quilter Financial Planning offering and is offered is offered by referral only.
Even if you have a Will, it must be up to date and reflect your wishes, assets and current tax position. Marriage, civil partnership, divorce or dissolution can all have an impact on an existing Will.

If a person dies without having made a Will, then they are said to have died ‘intestate’. In such cases, a variety of problems can arise, such as:
Assets being distributed to individuals according to the intestacy rules (as described on page 12) rather than to those chosen by the deceased
Possible delays in the settling of a deceased’s affairs, which could prove distressing for a surviving spouse/civil partner or other members of the family
An avoidable IHT bill being incurred.

How might your Will affect your IHT liability?

How you choose to distribute your estate in your Will can affect if, and when, the NRB and RNRB can be used. This in turn will affect how much IHT will be paid by your estate.

For example, if you leave your entire estate to your surviving spouse or civil partner then there will be no IHT payable on your death and your NRB and RNRB will be transferred to the survivor to be used on their death. This means the survivor may have up to £1 million (2 x £325,000 and 2 x £175,000) available to them. Though this could increase or decrease if the UK government changes the bands in the future or if the estate does not qualify for the RNRB.

Whilst this approach is suitable for some, it may not be suitable for everyone. For example, if you were already a widow or widower of a previous marriage or civil partnership, you may already have access to their transferred unused NRB and RNRB. There is a limit to how much transferred NRB and RNRB can be used by a person (currently an extra £325,000 NRB and £175,000 RNRB), so if your current spouse or civil partner transfers more to you, some bands may go to waste. For this reason, some people may choose to make bequests to beneficiaries, other than their spouse or civil partner, in order to use the bands, rather than transfer them.

What if I don’t write a Will?

If someone dies without making a valid Will, then they are said to have died ‘intestate’. The table below outlines the different intestacy rules that apply across the UK, to determine who would benefit from your estate. Ask yourself, “Who would miss out if I died intestate?”

Who Will Manage My Estate?

Writing a Will can help those you leave behind more than you would think. It allows you to appoint the persons who will be responsible for administering the estate. If you die intestate, it is the person most ‘entitled’ under the intestacy rules who has the job. There may be more than one person who meets this description, which can lead to disagreement over who takes on the role. Alternatively, the person most entitled may be someone who is unwilling or incapable of fulfilling the role. 

Whoever takes on the role will need to track down any other beneficiaries of your estate, which may include distant relatives – adding further delays. In short, not leaving a Will can cause unnecessary stress at an already difficult time.

Free Inheritance Tax (IHT) Planning Consultation

Ready to take control of your estate and protect your loved ones? Complete the form below to start your personalised Inheritance Tax planning consultation. 

Our IHT advisers will review your situation and get in touch with tailored advice to help you minimise liability and pass on more of your legacy.
Inheritance Tax (IHT) Planning - Reduce Your IHT Liability

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Inheritance Tax Planning, Trusts, Tax Planning, Estate Planning, Will Writing & Powers of Attorney are not regulated by the Financial Conduct Authority.

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