Inheritance Tax
Transfers On or Within Seven Years Before Death
| 2009/10 | 2010/11 | ||
| Nil rate band to | 325,000 | 325,000 | |
| Rate of tax on balance | 40% | 40% | |
| Chargeable lifetime transfers | 20% | 20% | |
It is now possible to transfer unused nil-rate band allowances between spouses or civil partners. For individuals who die on or after 9 October 2007 a claim may be made to utilise any unused nil rate band from their deceased spouse or civil partner’s estate.
The amount of the nil rate-band potentially available for transfer will be based on the proportion of the nil-rate band unused when the first spouse or civil partner died. If on the first death the chargeable estate is £162,500 and the nil-rate band is £325,000, then 50% of the original nil-rate band is unused. If the nil rate band when the surviving spouse dies is £350,000, then that would be increased by 50% to £525,000.
All lifetime transfers not covered by exemptions and made within seven years of death will be added back into the estate for the purpose of calculating the tax payable.
Charge on Gifts Within 7 Years of Death
| Potentially Exempt Transfers | ||||||
| Years before death | 0-3 | 3-4 | 4-5 | 5-6 | 6-7 | Over 7 |
| Tax reduced by | 0% | 20% | 40% | 60% | 80% | 100% |
Main Reliefs - Business property
| 100% | Business or interest therein |
| 100% | Qualifying shareholders in unquoted* companies |
| 50% | Land, buildings, machinery, or plant used by transferor’s controlled company or partnership |
| 50% or 100% | Agricultural property |
*Unquoted companies include those listed on AIM
The Government has announced the IHT nil rate bands for the following tax years:
2011/12 up to and including 2014/15 - £350,000
Main Exemptions
- Most transfers between spouses and civil partners.
- The first £3,000 of lifetime transfers in any tax year plus any unused balance from previous year.
- Gifts of up to but not exceeding £250p.a. to any number of persons.
- Gifts in consideration of marriage or civil partnership: up to £5,000 by a parent, up to £2,500 by a grandparent, or up to £1,000 by any other person.
- Gifts made out of income that form part of normal expenditure and do not reduce the standard of living e.g. birthday presents or the payment of insurance policy premiums. There is no upper limit on the amount which can qualify for this exemption.
- Gifts to charities, whether made during lifetime or on death.
- Gifts to political parties.