Inheritance Tax: Who, What, When and How to Plan Ahead

Building a comfortable future for your family takes hard work and dedication. So, the thought of Inheritance Tax potentially impacting the legacy you want to leave can be worrisome. To make sure all your effort pays off, it's worth taking a moment to understand how this tax works and how it might affect what you're building.
Often seen as something only for the very wealthy, the reality is that more and more people need to understand the implications of Inheritance tax and plan ahead. Especially in today's economic climate where rising property values and the extended freeze on tax-free thresholds means that more estates are falling within the taxable bracket.
Taking proactive steps to understand and potentially mitigate Inheritance Tax is becoming increasingly important for families across the wealth spectrum.
What is Inheritance Tax? | Who Pays Inheritance Tax? |
How Much is Inheritance Tax? | When is Inheritance Tax Due? |
The Nil-Rate Band | Reducing Inheritance Tax |
The Residence Nil-Rate Band |
What is Inheritance Tax?
Inheritance Tax (IHT) in the UK is a tax on the total value of someone's estate when they die, but only if the estate exceeds a certain threshold. The estate can include property, savings, investments, and other assets.
> | Property: Residential and commercial properties. |
> | Cash and Bank Accounts: Balances in all accounts. |
> | Investments: Stocks, shares, bonds, and other financial assets. |
> | Pensions: Depending on the type of pension. |
> | Vehicles: Cars, motorcycles, boats, etc. |
> | Personal Possessions: Jewellery, antiques, furniture, and other valuable items. |
> | Business Assets: If the deceased owned a business. |
How Much is Inheritance Tax?
The standard rate of Inheritance Tax is 40%.
The standard rate applies only to the portion of the estate that goes beyond specific tax-free thresholds. These thresholds are known as the Nil-Rate Band and, if applicable, the Residence Nil-Rate Band.
The Nil-Rate Band
The first and most fundamental Inheritance Tax threshold is called the Nil-Rate Band (NRB), which currently stands at £325,000.
How the NRB Works:
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Estates Valued at or Below £325,000: If the total value of the estate is worth £325,000 or less, no Inheritance Tax liability will be incurred. The entire value falls within the tax-free NRB.
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Estates Valued Above £325,000: If the total value of the estate is more than the £325,000 threshold, Inheritance Tax will apply to the amount above this threshold. The first £325,000 remains tax-free.
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Important Note: The NRB can be reduced if you have made lifetime gifts within seven years of your death.
Residence Nil-Rate Band
There's another valuable threshold called the Residence Nil-Rate Band (RNRB). The RNRB is an additional allowance of up to £175,000 that can be used when a main residence is left to direct descendants, such as children (including adopted, step, or foster children) or grandchildren.
Key Criteria for the RNRB:
- Qualifying Property: It must have been the person's main residence at some point.
- Direct Descendants: It must be inherited by children or grandchildren (or their spouses/civil partners in some cases).
- Important Note: The RNRB can be reduced for estates worth over £2 million.
Who Pays Inheritance Tax?
Usually, the people in charge of dealing with someone's belongings after they pass away are the ones who have to pay Inheritance Tax. They are often referred to as executors if there's a will, or administrators if there isn't. It's their legal responsibility to figure out how much tax is owed and make sure it gets paid to HMRC.
Sometimes, beneficiaries who inherit specific assets, like through a trust, might also have to pay some of the tax.
When is Inheritance Tax Due?
Payment of Inheritance Tax is required within six months following the person's death. If the payment is late, there will be extra charges and interest, so it's really important for the people handling the estate to act quickly.
Reducing Inheritance Tax: Gifts, Reliefs and Exemptions
Taking a forward-thinking approach to estate planning can be key in potentially lowering an Inheritance Tax bill. While the Nil Rate Band and Residence Nil Rate Band are important, there are other exemptions and allowances that can also make a significant difference to IHT liability. These include:
The Spouse/Civil Partner Exemption | Annual Gift Allowances |
Transferring Unused Allowances | Agricultural Property Relief |
Making Lifetime Gifts | Business Property Relief |
The Spouse/Civil Partner Exemption
Generally, assets that pass directly to a legally married spouse or civil partner are exempt from Inheritance Tax.
However, it's important to understand that the assets a spouse or civil partner inherits will then form part of their estate. This means that when they pass away, the total value of their estate, including the assets they inherited, may be subject to Inheritance Tax if it exceeds the available tax-free allowance.
Transferring Unused Allowances
Any unused portion of the Nil-Rate Band and Residence Nil-Rate Band from a deceased spouse or civil partner can be transferred to the surviving partner's estate. As a result, the surviving partner's own tax-free allowance could effectively be doubled, assuming they inherit the entirety of the estate.
Making Lifetime Gifts
Making gifts can be a valuable tool in potentially reducing the amount of Inheritance Tax payable on an estate after death. However, the timing of these gifts is an important factor in determining their tax liability.
The cornerstone of IHT and lifetime gifts is the 'seven-year rule'.
The Seven-Year Rule
More Than Seven Years Before Death:
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Within Seven Years of Death:
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|
Taper Relief
Time Between Gift and Death
|
Tax Rate on the Gift
|
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 or more | 0% |
Annual Gift Allowances
In addition to the seven-year rule, there are annual allowances that make certain gifts immediately exempt from Inheritance Tax, regardless of when someone dies. These include:
- Annual Exemption: Each tax year, there is an annual gift allowance of £3,000 which can be given to a single individual or divided among multiple recipients without being subject to Inheritance Tax. Furthermore, any portion of this £3,000 allowance that remains unused can be carried forward to the following tax year, allowing for a potential total exemption of £6,000 in that subsequent year. However, it's important to note that this carry-forward is limited to one year only.
- Small Gift Allowance: Up to £250 can be gifted per person in each tax year to any number of recipients, as long as this allowance hasn't been used in conjunction with any other allowance for the same person.
- Wedding/Civil Partnership Gifts: Gifts given for a wedding or civil partnership are tax-free up to certain amounts:
- £5,000 if they are your child
- £2,500 if they are a grandchild or great-grandchild
- £1,000 for any other recipient.
Agricultural Property Relief and Business Property Relief
Agricultural Property Relief (APR) and Business Property Relief (BPR) are Inheritance Tax reliefs for farmland and business assets.
Currently, both APR and BPR can offer up to 100% relief from inheritance tax in certain circumstances. However, the Autumn Budget introduced a significant upcoming change. Effective from 6 April 2026, this full 100% relief for both APR and BPR will be limited to the first £1 million of their combined value within an estate. Any value exceeding this £1 million threshold will be subject to a reduced relief rate of 50%.
This change means that while tax advantages will still be in place for agricultural and business property, larger estates will face increased Inheritance Tax liabilities on the value exceeding this new cap.
The entire UK tax system is complex and challenging to navigate. Inheritance Tax, with its own set of rules, is no exception. But it's not just about understanding who pays, what counts, and when the taxman comes knocking – it's about taking steps now to shape the future.
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