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Inheritance tax
Five need-to-knows including who pays it and how to legally reduce it
Inheritance tax can cost loved ones £100,000s when you die, with it generating £7 billion for HM Revenue & Customs in one recent tax year alone. But in reality the vast majority of people (around 96%) don't have to pay a penny, while the few who do can legally avoid huge swathes of it. This guide runs through five inheritance tax need-to-knows.
Five inheritance tax need-to-knows
First, a word on the politics of inheritance tax, which are controversial. The idea is that without it you perpetuate inherited wealth, so the children of the rich stay rich. Inheritance tax redistributes income so some of the money goes to the state to be distributed for the benefit of all.
The argument against it is that when money's earned, tax is paid at the time, so to pay tax on it again isn't fair.
After years of rocketing property prices, more are being caught by the inheritance tax threshold (which has been frozen until April 2028), raising it higher up the political and social agenda. Yet even then, and we repeat, fewer than 5% of estates currently get charged inheritance tax, so most won't be affected at all.
But as it's a financial fact for some, we've five simple inheritance tax need-to-knows to help you figure out if you (or those inheriting your estate) will likely pay it, and if so, how to legally soften the blow.
1. Anything left to a spouse or civil partner is EXEMPT from inheritance tax
Inheritance tax is a tax on the 'estate' of someone who's passed away. But as we've said, only around one in 25 families (around 4%) have to pay it, as most estates fall below the inheritance tax threshold.
One key reason for this is that if the deceased was married or in a civil partnership, then anything they leave to their spouse or civil partner will be exempt from inheritance tax. This applies regardless of the estimated value of the deceased's estate.
So, even if the deceased has a million pounds to their name when they die, if they leave it all to their surviving spouse or civil partner, inheritance tax WON'T be charged (anything they don't leave to their spouse or civil partner might be liable for inheritance tax though – read on for the full details).
Do note that this DOES NOT APPLY if you're simply cohabiting with your partner, even if you've lived together for years and have 20 children. In other words, if you live with your partner but are not married or in a civil partnership, any money you leave your partner when you die will count towards your individual inheritance tax-free allowance (more on this below).
Even if you leave part of your estate to somebody other than your spouse or civil partner, it's still unlikely that you'll need to pay inheritance tax.
That's because everybody gets a £325,000 inheritance tax-free allowance. So, if the value of the estate (or anything that doesn't go to a spouse/civil partner) is below £325,000, there's no inheritance tax to pay. (This is also true if you leave everything over £325,000 to a charity or a community amateur sports club.)
To work out the value of an estate, you'll need to calculate what assets the person had when they died (cash in the bank, investments, property or business, vehicles, payouts from life insurance policies and so on), minus any debts.
If there's tax to pay, the estate will theoretically be taxed at 40% on anything above the £325,000 threshold when you die (or 36% if you leave at least 10% of the value after any deductions to a charity in your will).
We say 'theoretically' because, depending on your circumstances, there are ways to boost this £325,000 tax-free allowance to £500,000+. We explain how in the next two need-to-knows...
3. Passing on your home can BOOST your allowance to £500,000 (if you leave it to your children or grandchildren)
In the current tax year, 2024/25, no inheritance tax is due on the first £325,000 of any estate, with 40% normally being charged on any amount above that.
However, the amount that's taxable will be lowered for anyone who leaves their home to their 'direct descendants'. This includes your children (whether biological, adopted, foster or step) or grandchildren, but not, for example, nieces and nephews.
This is because you will then have two tax-free allowances:
- £325,000 – this is the basic inheritance tax allowance that everyone gets, which still applies.
- £175,000 – since 2017, everyone has also been able to take advantage of something called the 'residence nil-rate band', commonly known as the 'main residence' band. This is an additional allowance you'll receive ON TOP of the existing £325,000 inheritance tax allowance if you pass on your main residence to your children (including adopted, foster and stepchildren) or grandchildren.
This means inheritance tax might not be due on the first £500,000 of your estate (£325,000 + £175,000), depending on who you leave your home to. However:
- The £175,000 main residence allowance only applies if your estate is worth less than £2 million. (On estates worth £2 million or more, the main residence allowance will decrease by £1 for every £2 above £2 million that the deceased's estate is worth.)
- Your home won't qualify for the £175,000 main residence allowance if it's in a 'discretionary will trust', even if the beneficiaries of the trust are your children or grandchildren.
- If your home's not worth £175,000 (or £350,000 if two spouses' allowances are combined – you can't combine allowances if you're not married or in a civil partnership), you can't use the main residence allowance to offset tax against other assets. So, technically it's an allowance of 'up to' £175,000.
An example may help...
Let's say you've got an estate worth £525,000, including a home worth £200,000. You've decided to leave your home to your children. This means no inheritance tax will be charged on the first £500,000 (£325,000 basic allowance + £175,000 main residence allowance). There'll be a 40% charge on the remaining £25,000 value of your home, giving a total of £10,000 in tax (presuming you're not leaving anything to charity).
If you weren't leaving your home to your direct descendants, there would be nothing to pay on the first £325,000 of your estate, and 40% on the £200,000 value of your home, meaning a total of £80,000 to pay in inheritance tax.
Quick question
4. Any unused inheritance tax allowance passes to your spouse
As explained, any assets left to your spouse or civil partner will be exempt from inheritance tax. Yet the inheritance-tax related perks for married couples don't end there...
On top of this, your spouse's inheritance tax allowance rises by the percentage of your allowance that you didn't use, meaning together a couple can currently leave £1 million tax-free (2 x £325,000 tax-free allowances + 2 x £175,000 main residence allowances).
This can sound complicated, so here's an example...
Mr and Mrs Youngatheart have assets worth £1 million between them. Mr Y dies first in January 2025 – leaving everything to Mrs Y – so his £325,000 tax-free allowance is passed on, as well as his £175,000 main residence allowance. In total, this means Mrs Y may have an up-to £1 million tax-free allowance: her allowance, plus her inherited allowance from her deceased husband.
You don't need to do anything to activate this – the executors of your will just need to send certain documents to HM Revenue & Customs (HMRC) within two years of your death – see HMRC's guidelines.
Quick questions
Inheritance tax is a complex topic, but MSE's founder & chair has got it covered, via his spin-off BBC Not The Martin Lewis Podcast, where he explains the main rules and takes on subjects he doesn't cover, by putting your questions to a team of specialists.
Listen to 'Inheritance tax June 2024' for free via
BBC Sounds | Apple | Spotify
It includes details on key topics, including…
- Inheritance tax need-to-knows.
- What counts as your main residence.
- Paying inheritance tax during probate.
- Rules around gifting.
- Are trusts worth it?
5. Still likely to have to pay inheritance tax? There are ways to legally cut the bill
If you're one of the few who will see inheritance tax charged on their estate, there are ways of reducing the bill.
Specifically, money or gifts given away during your lifetime can affect how much inheritance tax your estate will need to pay. So, if you're planning on making gifts, it's worth getting familiar with the rules.
In simple terms, any gifts given more than seven years before your death WON'T be liable for inheritance tax (unless they form part of a trust).
But gifts given in the seven years prior to your death will count towards your £325,000 inheritance tax allowance. So even if the gift(s) you give in the seven years prior to your death amount to less than £325,000, they could have an impact on how much inheritance tax will be charged on the rest of your estate.
If your gift(s) amount to more than £325,000 in the seven years prior to your death, then inheritance tax on the amount above £325,000 (in addition to any inheritance tax due on the remaining estate) will be charged on a sliding scale (up to a maximum of 40%).
But before we delve deeper into how this sliding scale works, be aware that everyone is able to give away a certain amount in exempt gifts each year...
Tax-free gifts
Each tax year, you are able to give away a certain amount of money or possessions tax-free (in other words, gifts that are exempt from the seven-year inheritance tax rule).
This means you can:
- Give away £3,000 (annual exemption). The first £3,000 given away each tax year does not form part of your estate so is not subject to inheritance tax. If you don't use your full annual exemption in any given year, the remainder can be carried forward to the next tax year (but no further).
- Give to charities with no limit. Donations or gifts to charity are not subject to inheritance tax. And where a charity donation is equivalent to at least 10% of your estate, any inheritance tax payable elsewhere is reduced to 36% from 40%. See our Cheap and free wills guide for ways to remember a charity.
- Give £250 to everybody you know. Gifts of up to £250 per person each year are not subject to inheritance tax. So somebody with 12 grandchildren could give each of them £250 each year as a birthday present. These gifts do not count towards the £3,000 annual gift exemption (described above) – though you can't combine gifts on the same person. So if you've already gifted someone your £3,000 annual exemption, you couldn't then give them £250.
- Give money freely from your income (as long as it doesn't affect your lifestyle). Inheritance tax is a tax on your assets. And as a regular income (such as a pension or earnings) is not treated as an asset, you can regularly give money away from this income – tax-free – so long as it's not detrimental to your lifestyle.
- Give wedding gifts (up to a limit). If a family member or friend is getting married, you're able to gift them money tax-free. You can only make such a gift once a year, and there's a limit on how much you can give: £5,000 to a child, £2,500 to a grandchild and £1,000 to anybody else. Wedding gifts can be combined with your £3,000 annual exemption (so they can be used on the same person) but not with the £250 small gift allowance.
- Fund a loved one's living costs. For example, you can contribute to your child's living costs and tuition fees at university. There are no caps on how much you can contribute, and it can be given tax-free as long as the money comes from your own regular income and doesn't affect your own lifestyle. Such funding can be combined with your £3,000 annual exemption (so it can be used on the same person) but not with the £250 small gift allowance.
See the Gov.uk website for more information about tax-free gifting.
When might inheritance tax be due on a gift?
Inheritance tax will be due on gifts given away less than seven years before you die if the following apply:
- The gifts are not considered tax-free gifts (in other words, they're not in the list above).
- The gifts amount to more than £325,000 (the tax-free threshold).
(Remember that gifts given away in the seven years before your death which don't exceed the tax-free threshold will still eat into your estate's £325,000 tax-free allowance.)
The portion of any gifts above £325,000 will have inheritance tax charged on it on a sliding scale. It works as follows:
Years between gift and death | Rate of inheritance tax |
Less than 3 years | 40% |
3 to 4 years | 32% |
4 to 5 years | 24% |
5 to 6 years | 16% |
6 to 7 years | 8% |
7+ years | 0% |
Here's an example of how this works in practice:
Sally Saver sadly passes away. She was not married or in a civil partnership when she died. In the nine years before her death, she gave away three significant sums of money:
- £50,000 to her brother, nine years ago.
- £325,000 to her sister, four years ago.
- £100,000 to a friend, three years ago.
There's no inheritance tax to pay on the £50,000 gifted to her brother, as it was given more than seven years ago. Likewise, there isn't any to pay on the £325,000 she gave to her sister, as this is covered by the inheritance tax allowance.
But her friend (not the estate) must pay inheritance tax on the £100,000 given to them, at a rate of 32%, as this was given by Sally after she'd breached the inheritance tax threshold. The inheritance tax due on this gift is therefore £32,000.
At the time of her death, Sally's remaining estate was valued at £400,000. As there is no inheritance tax-free allowance left to use (it all went on the gifts), inheritance tax on the entire estate would be due (at 40%). This would be equivalent to £160,000.
What constitutes a gift?
A gift must be a genuine unconditional gift that you will not gain from; something given to someone without any reservation, no nods, winks or mutual backscratching. The biggest asset most people have is their home, yet trying to give this to your children won't work if you continue to live in it (unless you pay market rent to them for it).
Many gifts are valid ways of reducing your inheritance tax bill (as described above). Yet if any are given conditionally (barring a wedding gift), with the intention of receiving something in return, they could fail to work, so watch out.
See Gov.uk for more information on what exactly constitutes a gift.
If you do plan to make large lifetime gifts, the beneficiaries could take out life insurance against the potential inheritance tax bill. Most gifts into trust are now subject to inheritance tax even if made during your lifetime, but this is an area where you would need specialist advice.
Quick questions
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