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Who has to pay inheritance tax?

  • Published
    4 hours ago
Image source, Getty Images

The prime minister and chancellor are considering changes to inheritance tax in order to raise more money, the BBC understands.

It is not known how many more people would pay the tax, or how much they would pay, under the changes planned as part of the 30 October Budget.

Who pays the tax now and how much does it raise?

What is inheritance tax?

Inheritance tax is charged at 40% on the property, possessions and money, external of somebody who has died, above a £325,000 threshold.

It is only charged on the part of the estate that lies above the threshold. For example, on an estate worth £335,000, the tax would apply to the additional £10,000.

There are a number of exemptions, as well as allowances for passing on a home to children, or grandchildren.

Inheritance tax must be paid by the end of the sixth month after the person’s death, otherwise interest will be charged too.

It currently raises about £7bn a year for the government.

How many people pay inheritance tax?

The latest figures, external show that fewer than one in 20 estates – just over 4% – pay inheritance tax. It means the tax is paid on about 27,800 estates a year.

However, economists at the Institute for Fiscal Studies think tank predict that about 7% of estates could be liable for inheritance tax by 2032, external, under current rules.

Many more people than this believe they could be liable. A YouGov poll for The Times newspaper in July 2023 suggested a third thought inheritance tax would need to be paid on their assets when they died.

What exemptions and allowances are there for inheritance tax?

There are a number of reasons why a death does not result in payment of the tax.

They include:

  • Any estate that is valued at less than £325,000 (currently fixed until 2026)

  • Anyone who leaves their estate to a husband, wife or civil partner

  • Somebody who leaves it to certain charities or community sports clubs

  • Any land or pasture left in an estate that is used to grow crops or to rear animals

There are additional, significant allowances.

If the person who dies leaves their home to their children or grandchildren the threshold goes up to £500,000.

southside flats

Image source, Getty Images

Also, married or civil partners can transfer assets free of tax between each other, so one partner automatically inherits the other’s unused allowance.

So the estate of someone who can use their late partner’s allowance, and leaves a home to their children or grandchildren, won’t be liable for inheritance tax on anything under £1m.

Can money just be given as a gift to children before death?

Anyone can give away up to £3,000 a year, and pay no tax. This is known as the annual exemption. If unused, this allowance can be carried over to the following year, up to a maximum of £6,000.

In addition, if you can show that the gift was funded out of income – as opposed to savings – you will not pay inheritance tax. There are also allowances for wedding gifts.

However, if someone gives a bigger sum, then dies within seven years, then the money may be used as part of inheritance tax calculations.

It is thought changes to a number of exemptions are under consideration for the Budget, including the rules around gifts that are given while you are alive.

What about using a trust?

Some parents set up a trust in favour of their child, which means they technically no longer own the assets, so they are free from inheritance tax.

But there are different types of trust and some complicated rules – here is the government’s guide, external – so it is likely to be worth seeking independent advice.

There are lots of guides to inheritance tax from HM Revenue and Customs, external – which also has a helpline, and here on the Moneyhelper website, external.

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