Inheritance tax - Application and calculations

Learning Outcomes

This article provides an overview of the core principles of Inheritance Tax (IHT) in England and Wales. It covers the types of transfers subject to IHT, the calculation of tax liability on death estates and certain lifetime gifts, and the application of key thresholds, exemptions, and reliefs. For the SQE1 assessments, you will need to understand how IHT applies to estates on death and potentially exempt transfers (PETs), including the calculation of the nil-rate band (NRB), residence nil-rate band (RNRB), and relevant reliefs like Business Property Relief (BPR). Your understanding will enable you to apply these rules to SQE1-style single best answer MCQs.

SQE1 Syllabus

For SQE1, you are required to understand the application and calculation of Inheritance Tax (IHT) from a practical viewpoint. It is likely that you will need to identify chargeable transfers, calculate IHT liabilities on death estates and failed lifetime gifts, and apply relevant reliefs and exemptions in given scenarios.

An appreciation of IHT is essential for advising clients on estate planning and administration.

As you work through this article, remember to pay particular attention in your revision to:

  • Identifying chargeable transfers, including potentially exempt transfers (PETs) that become chargeable.
  • Calculating the value of an estate for IHT purposes.
  • Applying the nil-rate band (NRB) and residence nil-rate band (RNRB), including any transferable allowances.
  • Calculating IHT payable on death, considering lifetime gifts made within seven years.
  • Applying taper relief to failed PETs.
  • Recognising and applying key reliefs, particularly Business Property Relief (BPR) and Agricultural Property Relief (APR).
  • Understanding the main exemptions, such as spouse/civil partner and charity exemptions.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What is the standard rate of Inheritance Tax above the nil-rate band?
    1. 20%
    2. 36%
    3. 40%
    4. 45%
  2. Which of the following lifetime gifts is most likely to be a Potentially Exempt Transfer (PET)?
    1. A gift into a discretionary trust.
    2. A gift to a registered charity.
    3. A gift from a parent to their adult child.
    4. A gift between spouses.
  3. Business Property Relief (BPR) offers 100% relief on which of the following assets, assuming the qualifying conditions are met?
    1. Shares in a listed company where the deceased had control.
    2. An interest in an unincorporated business.
    3. Land used by a partnership where the deceased was a partner.
    4. Shares in an unlisted investment company.
  4. How long must a donor survive after making a PET for it to become fully exempt from IHT?
    1. 3 years
    2. 5 years
    3. 7 years
    4. 14 years

Introduction

Inheritance Tax (IHT) is levied on the value of an individual's estate upon their death and on certain gifts made during their lifetime. Understanding its calculation, applicable thresholds, reliefs, and exemptions is essential for legal practitioners advising on wills, trusts, and estate administration. This article outlines the fundamental principles of IHT application and calculation relevant for the SQE1 assessment.

IHT is primarily charged on the value of the deceased's estate that exceeds the available nil-rate band thresholds. Lifetime gifts can also impact the calculation, particularly if made within seven years prior to death.

Key Term: Estate
For IHT purposes, the estate comprises all the property to which the deceased was beneficially entitled immediately before death, less allowable debts and funeral expenses.

Chargeable Transfers

IHT is charged on the value transferred by a chargeable transfer. The two main types of chargeable transfer are transfers made on death and certain lifetime transfers.

Transfers on Death

The most significant chargeable transfer occurs on death. The value transferred is the value of the deceased's estate immediately before death.

Lifetime Transfers

Certain gifts made during a person's lifetime can also be subject to IHT. For SQE1 purposes, the most important type is the Potentially Exempt Transfer (PET).

Key Term: Potentially Exempt Transfer (PET)
A lifetime gift made by one individual to another individual (or into certain types of trust for disabled beneficiaries). It is potentially exempt because it only becomes chargeable to IHT if the donor dies within seven years of making the gift.

Gifts between spouses or civil partners, gifts to charities, and gifts covered by annual exemptions are typically exempt from IHT regardless of timing.

Key Term: Chargeable Lifetime Transfer (CLT)
A lifetime transfer that is immediately chargeable to IHT (though often at a lower rate of 20% if tax is paid by the donor). The most common example is a gift into most types of trust (excluding bare trusts or trusts for disabled beneficiaries). While relevant, PETs are the primary focus for lifetime gifts in SQE1.

Calculating IHT on Death

The calculation involves several steps: identifying the assets, valuing the estate, applying exemptions and reliefs, deducting nil-rate bands, and calculating the tax due.

Step 1: Identify and Value the Death Estate

Determine all assets owned by the deceased immediately before death (e.g., property, bank accounts, investments, personal possessions) and deduct allowable liabilities (e.g., mortgages, unpaid bills, reasonable funeral expenses).

Step 2: Deduct Exemptions and Reliefs

Certain transfers are exempt or benefit from reliefs, reducing the value subject to tax.

  • Spouse/Civil Partner Exemption: Transfers between spouses or civil partners (domiciled in the UK) are fully exempt.
  • Charity Exemption: Gifts to qualifying UK charities are fully exempt. If at least 10% of the net estate is left to charity, the IHT rate on the remaining taxable estate may be reduced from 40% to 36%.
  • Business Property Relief (BPR): Reduces the value of relevant business property.
    • 100% Relief: Typically applies to interests in an unincorporated business, partnership interests, and shares in unlisted trading companies held for at least two years.
    • 50% Relief: Typically applies to controlling shareholdings in listed trading companies, and land/buildings/machinery owned by the deceased but used in their company or partnership (where they had control) held for at least two years.
  • Agricultural Property Relief (APR): Reduces the value of qualifying agricultural property. The specifics of APR are less likely to be a focus for SQE1 compared to BPR.

Key Term: Business Property Relief (BPR)
A relief that reduces the value of qualifying business assets for IHT purposes, potentially by 100% or 50%, provided ownership conditions are met.

Step 3: Apply the Nil-Rate Bands

After deducting exemptions and reliefs, the remaining value is potentially subject to tax, but only on the amount exceeding the available nil-rate bands.

  • Nil-Rate Band (NRB): Every individual has an NRB, currently £325,000. This amount can be transferred on death tax-free. Any unused NRB from a previously deceased spouse or civil partner can be transferred to the surviving spouse/civil partner, potentially doubling the available NRB to £650,000.

Key Term: Nil-Rate Band (NRB)
The threshold up to which an estate is not charged to IHT. Currently £325,000 per individual.

  • Residence Nil-Rate Band (RNRB): An additional allowance available if a main residence is passed to direct descendants (children, grandchildren, etc.). Currently £175,000 per individual. Like the NRB, any unused RNRB can be transferred from a previously deceased spouse or civil partner. The RNRB is tapered for estates valued over £2 million.

Key Term: Residence Nil-Rate Band (RNRB)
An additional IHT allowance applicable when a qualifying residential interest is passed to direct descendants. Currently £175,000 per individual, subject to estate value tapering.

Step 4: Consider Lifetime Gifts

Lifetime gifts made within the seven years before death must be considered. PETs made within this period become chargeable transfers and use up the NRB before the death estate. CLTs made within seven years also use up the NRB.

  • Seven-Year Rule: If the donor survives seven years after making a PET, it becomes fully exempt. If they die within seven years, the PET becomes chargeable and utilises the NRB available at death.
  • Taper Relief: If IHT becomes payable on a PET because the donor died between 3 and 7 years after making the gift, the tax payable on that gift (not the value of the gift itself) is reduced on a sliding scale:
    • 3-4 years: 20% reduction
    • 4-5 years: 40% reduction
    • 5-6 years: 60% reduction
    • 6-7 years: 80% reduction

Key Term: Taper Relief
A relief that reduces the amount of IHT payable on a lifetime gift (PET or CLT) if the donor dies between 3 and 7 years after making it.

Worked Example 1.1

David died in May 2023 leaving an estate valued at £700,000. His wife predeceased him, having used none of her NRB or RNRB. David left his entire estate, including his main residence worth £300,000, to his son. David made no lifetime gifts.

Answer:

  1. Estate Value: £700,000
  2. Available NRB: £325,000 (David's) + £325,000 (Transferred) = £650,000
  3. Available RNRB: £175,000 (David's) + £175,000 (Transferred) = £350,000. However, RNRB is limited to the value of the residence passed to direct descendants (£300,000).
  4. Total Allowances: £650,000 (NRB) + £300,000 (RNRB) = £950,000
  5. Taxable Estate: £700,000 - £950,000 = £0 (as allowances exceed estate value)
  6. IHT Payable: £0

Worked Example 1.2

Sarah made a PET of £400,000 to her daughter in June 2018. Sarah died in August 2023 (just over 5 years later). Her death estate is valued at £500,000. Assume the NRB is £325,000.

Answer: > Tax on the PET:

  1. Value of PET: £400,000
  2. Less NRB: (£325,000)
  3. Taxable Amount: £75,000
  4. IHT @ 40%: £30,000
  5. Taper Relief (5-6 years = 60% reduction): 60% of £30,000 = £18,000
  6. IHT on PET: £30,000 - £18,000 = £12,000 (payable by the daughter)

Tax on the Death Estate:

  1. Value of Estate: £500,000
  2. NRB Available: £325,000 (NRB at death) - £325,000 (used by PET) = £0
  3. Taxable Estate: £500,000
  4. IHT @ 40%: £200,000 (payable by the estate)

Total IHT: £12,000 + £200,000 = £212,000

Step 5: Calculate Tax Liability

Any value of the estate exceeding the available NRB and RNRB is taxed at the standard rate of 40% (or potentially 36% if the 10% charity donation rule applies).

Other Exemptions

Besides the spouse/civil partner and charity exemptions, other lifetime exemptions can reduce the value of gifts subject to the seven-year rule:

  • Annual Exemption: Individuals can gift up to £3,000 per tax year free of IHT. Any unused portion can be carried forward one year only.
  • Small Gifts Exemption: Gifts up to £250 per recipient per tax year are exempt, provided the recipient does not also benefit from the annual exemption from the same donor.
  • Gifts in Consideration of Marriage/Civil Partnership: Exempt up to certain limits depending on the relationship between the donor and the recipient (e.g., £5,000 from a parent).
  • Normal Expenditure Out of Income: Regular gifts made from surplus income that do not affect the donor's standard of living can be exempt.

Revision Tip

Remember that taper relief reduces the tax payable on a failed PET, not the value of the gift charged to tax. The full value of the gift still uses up the NRB first.

Payment of IHT

IHT on the death estate is generally payable within six months from the end of the month of death. Interest accrues on late payments. IHT on certain assets, like land and buildings, may be paid in instalments over ten years. IHT on lifetime transfers that become chargeable due to death within seven years is typically payable by the recipient of the gift.

Exam Warning

Be careful when applying transferable nil-rate bands. Ensure you check if the previously deceased spouse/civil partner used any of their NRB or RNRB. Also, note the tapering rules for the RNRB on estates over £2 million.

Key Point Checklist

This article has covered the following key knowledge points:

  • IHT is charged on the value of the deceased's estate and certain lifetime gifts (PETs) made within seven years of death.
  • The main thresholds are the Nil-Rate Band (NRB) of £325,000 and the Residence Nil-Rate Band (RNRB) of £175,000.
  • Unused NRB and RNRB can often be transferred from a deceased spouse or civil partner.
  • PETs become chargeable if the donor dies within seven years, using up the NRB first.
  • Taper relief can reduce the tax payable on failed PETs made between 3 and 7 years before death.
  • Key reliefs include Business Property Relief (BPR) and Agricultural Property Relief (APR).
  • Key exemptions include spouse/civil partner and charity exemptions.
  • The standard rate of IHT is 40%.

Key Terms and Concepts

  • Estate
  • Potentially Exempt Transfer (PET)
  • Chargeable Lifetime Transfer (CLT)
  • Business Property Relief (BPR)
  • Nil-Rate Band (NRB)
  • Residence Nil-Rate Band (RNRB)
  • Taper Relief
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