What is inheritance tax and when do you pay it?

In the UK, inheritance tax is a tax levied on the value of a deceased person’s estate, which includes their property, money, possessions and other assets. It is also sometimes referred to as the “death tax.” When a person passes away, their estate is subject to inheritance tax if its value exceeds a certain threshold, known as the inheritance tax threshold or the nil-rate band.

If the value of the deceased person’s estate is below this threshold, there would be no inheritance tax to pay. However, if the estate value exceeds this amount, inheritance tax is applicable unless there are exemptions and reliefs available to the estate.

When do you pay inheritance tax?

Payment is technically due immediately and needs to be paid before a Grant of Probate or Letters of Administration can be obtained. Interest for late payment of inheritance tax will start after six months of the end of the month in which the death occurred. The inheritance tax attributable to certain assets, such as property, can be paid in equal instalments over a ten-year period, but interest will apply to the sums outstanding. Inheritance tax attributable to savings, investments and personal possessions etc. cannot be deferred in the same way. If there are insufficient cash funds in an estate to pay the initial inheritance tax bill, the personal representatives will need to obtain the funds from elsewhere if they are to obtain the Grant. This could be through third-party lenders or through a life insurance or pension policy left by the deceased or payable as a result of their death.

How is inheritance tax calculated?

The standard inheritance tax rate is 40% on the value of the estate above the nil-rate threshold, which for a single unmarried person is currently £325,000. The nil-rate threshold is reduced by the capital gifts made by the deceased exceeding their annual allowance (£3,000) within the seven years immediately preceding their death. Any gifts exceeding the nil-rate band will be treated as if still being in the estate.

For example, if the deceased person’s estate is worth £500,000 and in the seven years immediately preceding their death they made gifts above their annual allowances of £100,000, their taxable liability would be calculated as follows:

£500,000 less their available nil-rate band (£325,000 – £100,000) @ 40%, which is £110,000.

This is on the basis the deceased died never having married and without children or remote descendant.

What is the benefit of being married for inheritance tax?

Gifts to spouses are exempt from inheritance tax and can be made to an unlimited value so long as it is not a gift from a UK domiciled individual to a non-UK domiciled individual. Additionally, the nil-rate allowances can transfer across to a surviving spouse if they have not been used on first death. This means the personal representatives of the surviving spouse can claim a combined nil-rate band of £650,000 on second death, or up to £1m if the deceased’s estate qualifies for the main residence nil-rate band (and the transfer of the unused allowance from the first estate).

Does the nil-rate allowance increase if I have children?

An additional allowance called the main residence nil-rate band can apply to an estate which holds a main residence and leaves assets outright to a child or lineal descendant. The estate must be valued under £2m to be eligible for the full allowance of £175,000 after which the allowance tapers down. For married couples, it is possible for the estate of the last individual to die to claim both allowances on second death if not already used, making a total allowance of £350,000 claimable under this allowance.

What is the seven-year rule in inheritance tax?

The seven-year rule is a significant aspect of inheritance tax planning. This rule relates to gifts made by the deceased person during their lifetime. If someone gifts money, property or other assets to an individual or a trust, without there being an applicable exemption or relief, and they survive for at least seven years after making the gift, it becomes exempt from inheritance tax so long as the gift is properly executed, and the individual doesn’t retain any ongoing benefit from the gifted assets.

However, if the person who made the gift dies within seven years of making the gift, it is known as a “potentially exempt transfer” (PET) or a “chargeable lifetime transfer” (CLT) if the gift was to a trust. In such cases, the value of the gift will be included in the estate’s total value for inheritance tax purposes. The tax rate on these gifts gradually reduces if the donor survives between three and seven years from the date of making the gift but only to the extent the gift exceeds the available nil-rate allowance. This is known as “taper relief.”

There is the scope for a tax consequence on CLTs going back up to 14 years, often called the “backward shadow” but this is beyond the scope of this article.

What does the effect of gifting to charity have on inheritance tax?

Gifts to charity are deducted from your taxable estate. Additionally, if you were to gift 10% or more of your estate, or parts of your estate, a discounted rate of 36% (instead of 40%) can apply to some or all of your estate.

What reliefs are available against inheritance tax?

There are a number of reliefs available to reduce your estate for inheritance tax. The eligibility of an estate to the reliefs is usually dependent on the nature of the assets held at the time of death. For example, reliefs are available for certain business interests and agricultural property. Reductions can also be claimed for co-owned assets where the asset could not be sold at full market value as a consequence of the multiple-ownership.

It’s essential to keep meticulous records of any gifts made during your lifetime to ensure accurate calculations and minimise potential tax liabilities for your beneficiaries.

Please note that tax laws and regulations can change over time, and they can be particularly complex, so it is crucial to consult with an experienced and qualified professional for the most up-to-date and accurate information.

We can help advise you with your inheritance tax planning and completing your inheritance tax returns when someone you know dies. If you would like to speak to a member of our team, please contact 03333 058375 or email WealthProtection@psg-law.co.uk.