Inheritance Tax Explained: Thresholds, Reliefs and Upcoming Changes
Inheritance Tax can be a complex subject, particularly when you are planning your own affairs or dealing with the Estate of someone who has died.
With Inheritance Tax thresholds remaining fixed and changes to the treatment of pensions taking effect from April 2027, it is important to understand how the rules could affect you and your family.
This may be especially important if your Estate includes property, a pension, shares or an interest in a business. Taking advice on your Will and wider Estate planning (https://www.bennettgriffin.co.uk/with-you/wills-trusts-and-probate-services/estate-planning/) can help you make informed decisions and ensure your affairs reflect your wishes.
In this guide, we answer some common questions about Inheritance Tax, including the available thresholds and reliefs, who is responsible for paying it and what happens if an Estate does not have sufficient funds immediately available.
What Is Inheritance Tax?
Inheritance Tax, commonly referred to as IHT, is a tax charged on the Estate of someone who has died. Their Estate may include property, money, possessions and, in some circumstances, gifts made during their lifetime.
However, not every Estate will be subject to Inheritance Tax.
The person responsible for administering the Estate will need to apply the relevant thresholds, exemptions and reliefs to determine whether any Inheritance Tax is payable.
What Inheritance Tax Thresholds Are Available?
Every Estate can benefit from the Nil Rate Band (NRB). This is a tax-free allowance that has been fixed at £325,000 since 2009 and is due to remain at that level until 2031.
Where a qualifying residential property forms part of the Estate and is left to direct descendants of the deceased, the Estate may also benefit from the Residence Nil Rate Band (RNRB), which is currently £175,000.
However, the rules surrounding the RNRB are complex and it is not guaranteed to apply.
Where all the relevant requirements are met, an individual may therefore benefit from a maximum combined threshold of £500,000.
What Is the Position for Married and Unmarried Couples?
For married couples and civil partners, provided their Wills and affairs are structured appropriately, it may be possible for unused allowances to be transferred to the surviving spouse or civil partner.
On the second death, a maximum combined threshold of £1 million may therefore be available.
Unmarried couples do not benefit from the same Inheritance Tax treatment as married couples and civil partners. This makes it particularly important for unmarried partners to consider how their Wills and wider affairs are arranged.
How Are Pensions Being Brought Within Inheritance Tax?
From April 2027, pensions will no longer be exempt from Inheritance Tax.
A pension will be added to the deceased’s other assets when calculating the value of their Estate and determining whether it is subject to Inheritance Tax.
This change may increase the number of Estates affected by Inheritance Tax. Someone whose property, savings and other assets currently fall below the available thresholds could find that the addition of their pension brings their Estate within the scope of IHT.
The forthcoming change provides a good reason to revisit your affairs and seek professional advice where appropriate.
What Inheritance Tax Exemptions and Reliefs Are Available?
In addition to the tax-free thresholds, other exemptions and reliefs may be available, including:
- Spousal Exemption
- Charity Exemption
- Business Relief
- Agricultural Relief
Where applicable, these may allow relevant assets to pass free of Inheritance Tax or reduce the amount payable.
Business Relief may be particularly relevant to business owners whose Estate includes shares or an interest in a trading business. However, whether relief is available will depend on the nature of the business and the circumstances involved.
Business owners should also ensure that their Will works alongside any shareholder, partnership or succession arrangements. Further information is available from Bennett Griffin’s Wills for business owners team (https://www.bennettgriffin.co.uk/with-you/wills-trusts-and-probate-services/wills-for-business-owners/).
Who Pays Inheritance Tax?
The Executor is responsible for reporting and arranging payment of Inheritance Tax to HM Revenue & Customs. However, the tax is not normally paid personally by the Executor.
Inheritance Tax will usually be borne by the Estate. In certain circumstances, however, the recipients of gifts made by the deceased during their lifetime may become liable for the Inheritance Tax associated with those gifts.
How Does Inheritance Tax Affect Probate?
Inheritance Tax is generally required to be paid by the end of the sixth month following the date of death.
The IHT400 and its supporting Schedules, which detail the value of the Estate and calculate the Inheritance Tax payable, must be submitted to HMRC within 12 months of the date of death.
However, it can sometimes take longer than six months to obtain valuations for all the assets in an Estate and complete the necessary forms. This can understandably cause concern for Executors, particularly where funds are not readily available.
Only once HMRC is satisfied that the appropriate amount of tax has been paid, can the application for the Grant of Probate proceed.
How Can Inheritance Tax Be Funded?
Many financial institutions will allow funds to be released directly to HMRC before the Grant of Probate has been obtained. This is arranged through HMRC’s Direct Payment Scheme.
An Inheritance Tax payment reference will need to be obtained from HMRC before payment is made. This reference must then be used when the funds are forwarded.
What If the Available Funds Do Not Cover the Inheritance Tax Due?
An Estate may include valuable assets without having enough cash immediately available to settle its Inheritance Tax liability.
In these circumstances, HMRC may allow Inheritance Tax to be paid in instalments on certain assets, including:
- Assets that qualify for Agricultural Relief or Business Relief
- Land and buildings, including houses
- Shares and securities giving control of more than 50% of a company
- Unlisted shares and securities
- A business run for profit
- Certain gifts
Each category has specific qualifying requirements and conditions that must be met before payment by instalments will be permitted.
If the instalment option is not available, Executors can, in certain circumstances, apply to delay payment of IHT and obtain a Grant on Credit. The Grant on Credit will allow the Executor to encash Estate monies and make payment of the IHT due.
Reviewing Your Will and Estate Planning
Inheritance Tax is a complex area, and the position will depend on the assets, family circumstances and wishes involved.
With pensions being brought within the scope of Inheritance Tax from April 2027, now may be a sensible time to review your Will and wider arrangements. This is particularly important if you own a business, hold company shares or have experienced a significant change in your financial or family circumstances.
If you require assistance with Estate planning, preparing or updating your Will, or administering the Estate of someone who has died, Bennett Griffin’s experienced and approachable team will be happy to help.