Understanding inheritance tax on gifts

When you give a gift to someone, it may be subject to inheritance tax, depending on several factors, including the value of the gift, the recipient and the time elapsed since the gift was made.

Key points on inheritance tax and gifts

• Inheritance tax threshold: The current inheritance tax threshold is £325,000. Gifts below this amount may not be subject to inheritance tax.
• Annual exemption: You can give away £3,000 of gifts each tax year without them being added to the value of your estate. This is known as your 'annual exemption'.
• Potentially exempt transfers: Gifts made more than seven years before your death are generally exempt from inheritance tax and are called a potentially exempt transfer.
• Spouse or civil partner: Gifts to your UK domiciled spouse or civil partner are exempt from inheritance tax, regardless of value.
• Wedding gifts: Wedding gifts are exempt up to certain amounts, depending on your relationship to the recipient.

Who pays the tax?

The responsibility for paying inheritance tax on gifts often depends on the circumstances of the gift:
• If the gift is part of the estate: The executor or personal representative handling the estate is responsible for paying any tax due.
• If the gift is subject to inheritance tax and not part of the estate: The recipient of the gift may be liable to pay tax.
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Mitigating inheritance tax on gifts

• Use of tax free gifts, exemptions and allowances: Make full use of the annual exemption, small gift exemption, and other relief available for wedding gifts and support for an elderly relative or child under 18.
• Plan ahead: Consider making gifts early to benefit from potentially exempt transfers. Remember, the seven-year rule applies for gifts to be exempt from having to pay inheritance tax.
• Lifetime gifts: These can reduce the value of your estate for inheritance tax purposes. However, the rules around such gifts are complex and professional advice is recommended.

In UK tax rules, can I carry any unused annual exemption forward?

Yes, if you don't use the full £3,000 tax free allowance in one tax year, you can carry it over to the next tax year only, giving you a total tax-free gift allowance of up to £6,000.

Do all gifts made before my death count towards the estate for inheritance tax?

Most gifts made during your lifetime count towards the value of your estate if they're made within seven years of your death. However, some gifts are considered out of your estate immediately.

How does taper relief work?

Taper relief can reduce how much inheritance tax is paid on gifts given between three and seven years before the giver's death, on a sliding scale.
This relief does not apply to gifts that fall within the £325,000 nil-rate band.

Years between gift and death Rate of tax on the gift
3 to 4 years 32%
4 to 5 years 24%
5 to 6 years 16%
6 to 7 years 8%
7 or more 0%

Are there any gifts that are always tax-free?

Yes, gifts between spouses or civil partners domiciled in the UK, gifts to charities and political parties, and gifts out of your income that don’t affect your standard of living are always tax-free.
Get strategic advice on inheritance tax
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