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Potential Changes to Inheritance Tax in the Next Autumn Statement

Sep 26, 2024 | Business Property Relief, Discounted Gift Trust, Flexible Reversionary Trust, Gifting, Inheritance Tax Planning, Loan Trust, Whole of Life

Inheritance tax (IHT) is a subject that often sparks debate in the UK. As we approach the next autumn statement, there is speculation about potential changes to this tax. With a government under pressure to balance public finances while addressing public sentiment, it’s worth considering what adjustments might be on the horizon.

Current Inheritance Tax Landscape
Currently, the inheritance tax rate in the UK stands at 40% on the value of an estate above the nil-rate band, which is set at £325,000 per individual. There is also the residence nil-rate band, which adds an extra £175,000 exemption if the deceased passes their main residence to a direct descendant, bringing the potential threshold to £500,000 per person or £1 million for a married couple. These allowances have been frozen until 2028, effectively dragging more estates into the IHT net due to rising property prices and inflation.

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Potential Changes Under Consideration

The UK government has not made any official announcements about changes to inheritance tax. However, several potential reforms are rumoured to be under consideration for the next autumn statement:

1. Raising the Nil-Rate Band Thresholds

One possible change could be to raise the nil-rate band and residence nil-rate band thresholds. Adjusting these for inflation or increasing them significantly would reduce the number of estates subject to IHT. This move could be politically popular, especially with an aging population concerned about passing on assets to the next generation.

2. Introducing a Flat Rate of Inheritance Tax

Another potential reform is to replace the current 40% rate with a lower flat rate, perhaps around 20% or 25%. This proposal aims to make the tax simpler and more transparent while potentially broadening the tax base. A flat rate could reduce avoidance strategies while still generating significant revenue for the Treasury.

3. Tightening Exemptions and Reliefs

The government could also consider tightening the rules around exemptions and reliefs. For instance, the generous Business Property Relief (BPR) and Agricultural Property Relief (APR) could be targeted for reform. These reliefs currently allow some estates to pass on assets free from IHT or at a reduced rate, and they have been criticized for being overly generous. A more restrictive approach to these reliefs could help close loopholes and increase tax revenue.

4. Lifetime Gifts and Changes to the Seven-Year Rule

The government may look at changing the rules around lifetime gifts. Currently, gifts made more than seven years before death are exempt from IHT. Reducing this timeframe or imposing a lifetime cap on tax-free gifts could increase the number of estates subject to IHT. This change would likely encourage people to plan their estates more carefully and potentially lead to earlier wealth transfers.

5. Abolishing Inheritance Tax Altogether

While this is the least likely scenario, some commentators have suggested that the government could consider abolishing inheritance tax altogether, replacing it with a tax on recipients rather than estates. Such a move would represent a fundamental shift in policy, aligning the UK with countries like Australia or Canada, where estate taxes do not exist.

The Political Context

The potential changes to inheritance tax come in a broader political context. The government faces pressure to fund public services, reduce the deficit, and respond to an electorate that increasingly sees IHT as unfair or punitive, particularly given the rise in house prices over recent decades. A recent survey found that over 70% of people in the UK support raising the threshold at which inheritance tax is paid, reflecting a growing discontent with the current system.

 

Possible Implications of Changes

Any changes to inheritance tax will have significant implications. Raising the threshold or introducing a flat rate could ease the burden on middle-income families and reduce the number of estates caught by IHT. However, these measures could also reduce the revenue collected by the government, necessitating other forms of taxation or spending cuts to make up the shortfall.

Conversely, tightening reliefs or altering the rules around lifetime gifts could increase government revenues but may also lead to criticism that the tax is becoming more complex or unfair. Abolishing IHT altogether would be a radical move, likely requiring substantial compensatory tax reforms to offset lost revenue.

 

Conclusion

As we await the next autumn statement, it’s clear that potential changes to inheritance tax could have far-reaching consequences. Whether the government opts for modest reforms or a more radical overhaul, any changes will need to balance the need for revenue with the desire to create a fairer tax system.

The details will likely remain uncertain until the statement is made. However, understanding these potential changes can help individuals and families better plan for their future and navigate the complexities of inheritance tax.

* Estate Planning and Inheritance Tax are not regulated by the Financial Conduct Authority

Business Property Relief invests in assets that are high risk and can be difficult to sell such as shares in unlisted companies. The value of the investment and the income from it can fall as well as rise and investors may not get back what they originally invested, even taking into account the tax benefits.

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There are numerous ways to mitigate Inheritance Tax Planning (IHT), but we find that the majority of cases utilise a combination of the following:

Inheritance tax planning traffic light comparison

AccessSpeedSimpleControlCost
Gifting
Whole of Life
Loan Trust
Discounted Gift Trust
Flexible Reversionary Trust
Business Property Relief
How each of the solutions fare in relation to these issues is indicated above using a traffic light system; green being the most favourable.

Please note: this graphic is subjective to change, not every expert will agree on the distribution of colours. There is much more to know before you act and that you should always seek financial advice first.

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