It has been widely reported that Rishi Sunak’s Government is looking at plans to scrap Inheritance Tax. The tax, which is payable on someone’s death, according to HMRC reached £7.1 billion from April 2022 to March 2023. But what exactly is Inheritance Tax and are all estates subject to this?
What is Inheritance Tax?
Inheritance Tax is a tax on your estate when you die, and is also sometimes payable on Trusts or gifts made during your lifetime. This includes the total of everything you own and a share of anything you own jointly.
Your ‘estate’ is basically the things that belong to you or that you own a share in, such as property, investments, insurance, pension payments, and assets like cars, jewellery or furniture. Gifts you have made in the past seven years or that you still benefit from are included too, e.g. a house you have gifted but still live in. As are assets held in a Trust from which you receive a personal benefit.
If you own assets jointly, your share of their value is included in your estate. Due to property inflation, many more people are now hit by Inheritance Tax.
So how much Inheritance Tax will my estate have to pay?
Every individual has a tax-free allowance to give away on their death, which is known as your “Nil Rate Band” allowance.
The maximum total tax-free allowances are as follows:
- For an individual it is £450,000 – that’s £325,000 standard allowance, plus £125,000 additional residence allowance.
- For a couple together are £900,000 – that’s £650,000 standard allowances, plus £250,000 additional residence allowances.
This will increase to a total maximum tax-free allowance of:
- £500,000 for an individual where he or she dies after 6 April 2020
- £1,000,000 for a couple together where the survivor dies after 6 April 2020
Any estate over and above these amounts is taxed at the rate of 40%.
Maximum residence allowances
This allowance, introduced in 2017, is an additional nil-rate band when a residence is passed on following a person’s death to a lineal descendant (children, grandchildren, step, adopted and foster descendants or spouses/civil partners).
The allowance bands are as follows:
- £125,000 where death occurs in tax year – 2018/19
- £150,000 where death occurs in tax year – 2019/20
- £175,000 where death occurs in tax year – 2020/21
- For deaths on or after 6th April 2021, the maximum additional allowance is £175,000 rising in accordance with the Consumer Prices Index.
The amount of the allowance is gradually withdrawn if the estate value exceeds £2,000,000.
Spouse exemption
There is no Inheritance Tax to pay when a person inherits from their husband or wife whatever the value due to spouse exemption. However, they may have to pay Inheritance Tax on the survivor’s estate when they die.
The position here is that any allowances that are not used up on the first death may be transferred to be used on the death of the surviving spouse. This may result in the surviving spouse having up to double the allowances to set against their estate before Inheritance Tax is payable.
Additional residence tax-free allowance
An additional residence allowance was also introduced in 2017.
This is complicated but in general terms, the additional allowance is available where the deceased leaves a residence (as defined in the legislation) directly to lineal descendants, e.g. where your children or grandchildren inherit your home without any Trust.
The amount of this allowance depends on the date of death and is limited to the value of the deceased’s interest in a single property, which must have been the deceased’s actual residence at some point in time.
There are provisions available to preserve eligibility for the allowance where you downsize or sell your home without replacing it during your lifetime. To enable your estate to take advantage of these provisions, you should keep records of all house sales and purchases from now on.
The existence of a Trust may well prevent any direct inheritance. Therefore, any arrangement whereby a descendant does not inherit immediately and absolutely should be considered carefully.
How can we help?
If you would like any advice or further information concerning the subjects discussed in this article, please contact our expert Wills & Probate team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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