10 'clever' tips to avoid inheritance tax trap and pass on more to loved one (2024)

10 'clever' tips to avoid inheritance tax trap and pass on more to loved one (1)

10 'clever' tips to avoid inheritance tax trap and pass on more to loved ones (Image: Getty)

HMRC collected over £7billion in inheritance tax last year, a figure rising year-on-year placing substantial financial strain on families who wish to pass on well-earned assets to the next generation.

In previous years, inheritance tax was typically only an issue for the very wealthy, however, soaring house prices and inflation rates have left more and more families falling into the thresholds and leaving less to loved ones.

In view of this, there are legal and legitimate ways people can reduce the impact of inheritance tax to ensure friends and family receive the “maximum benefit” of their estate, an expert has said.

Sam Robinson, principal financial adviser at Almond Financial, provides 10 tips to reduce - or even avoid - inheritance tax, depending on a person’s situation.

READ MORE: Inheritance tax shakedown as HMRC rakes in extra £273m and families overpay

10 'clever' tips to avoid inheritance tax trap and pass on more to loved one (2)

Taking advantage of the gifting rules could “significantly” reduce a person’s inheritance tax bill (Image: Getty)

Aim to keep below the inheritance tax threshold

Inheritance tax (IHT) is the money paid to HMRC upon death, depending on the value of a person’s estate. An estate encompasses assets such as property, possessions and money, excluding pensions.

People are granted a tax-free threshold of £325,000, referred to as the Nil-Rate band, after which a 40 percent tax is applied on the remaining value of the estate. Mr Robinson said: “Rising property prices and the freeze on inheritance tax thresholds until 2028 mean more families are getting caught in the IHT net than would have if the bands rose with inflation.

“This makes it even more important for families to understand how they could plan to avoid the threshold and the eventuality of IHT.”

Write a will

According to Mr Robinson, writing a will is a “key part” of inheritance tax planning. He said: “If you die without a will, your assets will be shared out by legal default and may be subject to IHT that could otherwise have been avoided. If you express your wishes in a will, you can plan to allocate your estate in a way that will reduce IHT and maximise the benefit of your assets to those you are leaving them to.”

10 'clever' tips to avoid inheritance tax trap and pass on more to loved one (3)

The inheritance tax Nil-Rate threshold has been frozen since 2009 (Image: EXPRESS)

Gift money

Taking advantage of the rules around gifting could “significantly” reduce a person’s inheritance tax bill, as this enables them to transfer wealth outside of their taxable estate. According to Mr Robinson, gifted transfers exempt from a person’s estate and are therefore ignored by IHT, include:

  • The £250 small gift allowance - gift £250 to as many people as you want, as long as another gift allowance has not been used on the same person

  • The annual exemption - gift a total of £3,000 a year to either one person or split between several people

  • Gifting from normal income - all gifts from regular salary are exempt from IHT.

Mr Robinson said: “Tactical treats to loved ones in the form of any of these gifts could reduce your inheritance tax bill or even put you under the taxable threshold.”

Consider trust planning

Mr Robinson said: “Gifting into trust can be a clever way of removing assets from your estate for inheritance tax purposes.”

However, he noted that trust planning is a “complex and tricky” area and who people want to leave their assets to will impact the type of trust they use. From bare trusts to discretionary trusts, Express Money spoke to experts about the benefits here.

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10 'clever' tips to avoid inheritance tax trap and pass on more to loved one (4)

People can gift a total of £3,000 a year without passing on an inheritance tax bill (Image: Getty)

Practice philanthropy

Gifting or leaving money in a will for charities, political parties, the national purpose and housing associations will always be free from inheritance tax.

In addition, Mr Robinson said: “If you leave more than 10 percent of your taxable estate (10 percent of the excess over £325,000) to charity in your will, the inheritance tax rate for the rest of your estate will fall from 40 percent to 36 percent.”

Spoil a spouse

Mr Robsinson said: “There are significant benefits of being married or in a civil partnership when it comes to inheritance tax. If you are married, 100 percent of assets gifted between spouses are IHT-free and don't use any of your Nil-Rate bands.”

This means those who leave their entire estate to their spouse in their will won’t have any inheritance tax due.

Mr Robinson added: “If a spouse dies and their tax-free allowance of £325,000 has not been used up from gifts to others in their will, then their remaining tax-free allowance can be transferred to the surviving spouse; potentially doubling their allowance so they can pass on up to £650,000 tax-free when they die.”

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Wedding gifts

There’s a special exemption from IHT for cash gifts made on or shortly before the date of a wedding, known as ‘gifts in consideration of marriage’.

According to Mr Robinson, the tax relief on IHT depends on the relationship between the gifter and the giftee:

  • Each parent (including step-parents) can gift up to £5,000 tax-free

  • Grandparents and great-grandparents can gift up to £2,500

  • Any other person can gift up to £1,000.

Remember the seven-year rule

No tax is due on any gifts as long as the gifter lives seven years after gifting them unless the gift is part of a trust. This is known as the seven-year rule.

Mr Robinson said: “If you die within seven years of a gift’s time then IHT may be due, with the help of taper relief. Gifting is tricky to get right; gift too early and you could lose the asset and/or income and control, gift too late and you could pay 40 percent IHT due to the seven-year rule.”

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    Pass on a pension

    Pensions usually fall outside of a person’s estate, so are exempt from IHT. Mr Robinson said: “You can spend the assets within your estate in retirement instead of your pension, allowing it to be passed on IHT-free unless you rely on the state pension, which cannot be inherited.”

    Providing an example, Mr Robinson said: “Spending your assets could consist of downsizing or selling your house to rent, using the surplus as your retirement fund instead of your pension; Spend your house, save your pension.”

    Plan ahead

    Mr Robinson said: “Inheritance Tax planning is complex. If you’re planning on passing down your hard-earned assets to the next generation, you should seek help from a professional financial advisor who can help you pass down the maximum benefit of your estate.”

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    10 'clever' tips to avoid inheritance tax trap and pass on more to loved one (2024)

    FAQs

    10 'clever' tips to avoid inheritance tax trap and pass on more to loved one? ›

    Strategies to transfer wealth without a heavy tax burden include creating an irrevocable trust, engaging in annual gifting, forming a family limited partnership, or forming a generation-skipping transfer trust.

    How do I pass money to heirs tax free? ›

    Strategies to transfer wealth without a heavy tax burden include creating an irrevocable trust, engaging in annual gifting, forming a family limited partnership, or forming a generation-skipping transfer trust.

    What is the best trust to avoid estate taxes? ›

    You can mitigate that through the use of an intentionally defective grantor trust, or IDGT. This is an irrevocable trust into which you place assets, again shielding them from estate taxes.

    Are there loopholes for inheritance tax? ›

    Another commonly used inheritance tax loophole is placing your assets within a trust. Your estate will not include these assets and therefore they avoid inheritance tax. Trusts are a great way to leave behind part of your estate to somebody who is too young to handle their affairs.

    How do rich families avoid inheritance tax? ›

    How The Wealthy Save On Estate Taxes. If you are worth hundreds of millions or billions, your estate will far surpass the estate tax exemption amount. As a result, you need to set up a GRAT. You, the grantor, transfer assets to a trust (GRAT) and retain the right to receive an annuity payment for a term of years.

    How do I transfer property to a family member tax free in the USA? ›

    Family members can transfer property to one another without estate tax penalties by putting the property into a trust. When placed into an irrevocable trust, the property is no longer considered part of your estate after you die.

    How does the IRS know if I inherit money? ›

    Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.

    What is the most you can inherit without paying taxes? ›

    There is a federal estate tax, however, which is paid by the estate of the deceased. In 2024, the first $13,610,000 of an estate is exempt from the estate tax. A beneficiary may also have to pay capital gains taxes if they sell assets they've inherited, including stocks, real estate or valuables.

    How do I get around not paying inheritance tax? ›

    Ways to reduce Inheritance Tax
    1. Leaving your estate to a spouse or civil partner.
    2. Setting up trusts.
    3. Gifts to charity.
    4. Lifetime gifts.
    5. Using life insurance.

    What is the angel of death loophole? ›

    The Angel of Death tax loophole allows individuals to inherit appreciated capital gains assets with a step-up in basis.

    How to minimize inheritance tax? ›

    Implement a gifting strategy

    Suppose you have a large estate and plan to divide it among your many children and grandchildren. You could give each of those loved ones up to the gift tax exclusion each year. It would reduce your estate for estate tax purposes while helping you avoid gift taxes.

    What is the trust capital gains loophole? ›

    The trust fund loophole refers to the “stepped-up basis rule” in U.S. tax law. The rule is a tax exemption that lets you use a trust to transfer appreciated assets to the trust's beneficiaries without paying the capital gains tax. Your “basis” in an asset is the price you paid for the asset.

    How to avoid capital gains on inherited property? ›

    How to Avoid Paying Capital Gains Tax on Inheritance
    1. Sell the inherited property quickly. ...
    2. Make the inherited property your primary residence. ...
    3. Rent the inherited property. ...
    4. Disclaim the inherited property. ...
    5. Deduct selling expenses from capital gains.

    Can an inheritance be passed on without paying tax? ›

    Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.

    How do you avoid taxes when you inherit money? ›

    Transfer assets into a trust

    An irrevocable trust transfers asset ownership from the original owner to the trust beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.

    How can I pass on wealth to my child tax-free? ›

    Four Ways to Give Money Tax-Free to Your Kids When You Die
    1. Leave behind real estate. My parents just sold their home after 40 years. ...
    2. Leave behind a Roth IRA. ...
    3. Leave behind taxable investment accounts. ...
    4. Buy life insurance.
    Mar 31, 2024

    What are the IRS rules for gifting money to family members? ›

    The annual gift tax exclusion is a set dollar amount that you may give someone without needing to report it to the IRS. The threshold is typically adjusted to account for inflation each year. The IRS announced that the annual gift tax exclusion will be $18,000 in 2024, up from $17,000 in 2023.

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