Gifts and Inheritance Tax

Posted On: 28 Nov 2024 by Joseph Trinder to Probate

Here's what you should know about the tax implications of passing on your treasures to loved ones.

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Gifts and Inheritance Tax

During your lifetime, whether you're feeling generous or trying to avoid tax liabilities, gifts are a great way to spread the love, and the wealth. Gifts and inheritances are commonly passed down from one generation to the next, but what many individuals may not realise is that these transfers can have tax implications. Understanding the nuances of gift giving and inheritance tax is crucial for effective estate planning and wealth management.  

In the UK, gifts made during a person's lifetime can have significant effects on their estate when they pass away. The key concept to grasp is the "seven-year rule," which states that if you give a gift and survive for seven years after making it, it typically falls outside of your estate for Inheritance Tax (IHT) purposes. 

However, if you pass away within seven years of making a gift, it may be subject to IHT depending on several factors.  

The nature of the gift:  

Items that are considered gifts include money; household goods and personal belongings such as furniture, jewellery, paintings or antiques; property; stocks and shares. 

The Value: 

In the UK every benefactor has an annual tax-free gift allowance of £3,000 per person, which allows individuals to give away assets or money each tax year without incurring any tax liability. This exemption figure can be used to gift to one person or shared across several.  

Everyday gifts such as birthday and Christmas presents that are purchased from your regular income are exempt from IHT. Gifts given in celebration of a marriage or civil partnership also have certain exemptions based on your relationship to the receiver; If you’re a parent, you can gift up to £5,000. If you’re a grandparent, it’s up to £2,500. If you’re friends or a member of the family, then you can only give gifts that are worth up to £1,000. 

There is also the small gift allowance which permits any number of gifts each tax year, up to the value of £250 per person, provided you do not use another allowance on the same person.  

The Beneficiary:  

Inheritance tax rates are like a family discount – the closer you are to the deceased, the lower the tax rate. Immediate family members often get a free pass, while distant relatives or unrelated beneficiaries may face steeper rates. Gifts transferred to a spouse or civil partner are fully exempt from IHT. Donations made to political parties, registered charities and institutions such as art galleries or museums are also exempt from gift tax. 

When the gift was made: 

Any gift that you give within seven years of your death will be liable for inheritance tax, however, this will be calculated at a reduced rate depending on the number of years since you gave the gift. This sliding scale is known as taper relief; gifts given up to three years prior to your death with be subject to an IHT of 40%, which reduces with each preceding year.  

Additionally, it's important to consider the implications of gifting assets such as property or investments. These can be more complex due to potential capital gains tax (CGT) liabilities.  

In closing, navigating the complexities of gift and inheritance tax is a fundamental aspect of preserving and transferring wealth efficiently. When planning your gifts or inheritance strategy we would advise seeking professional advice to ensure maximum benefit to your heirs while safeguarding your financial legacy for generations to come.