Inheritance tax: Best ways to pass down your assets and reduce tax (2024)

Inheritance tax explained by Interactive Investor expert

Inheritance planning can be a complicated endeavour, with many things to think about throughout the process and several pitfalls to avoid. Tim Bennett, Head of Education at Killik & Co, offered some insight on various key topics surrounding inheritance which could help Britons navigate and simplify this sometimes tricky subject.

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Who to leave money to

Mr Bennett said: “Assuming we plan to leave something behind, one obvious point to make is that it doesn’t have to go to children. Once someone has set up a will, their wealth could be left to several different recipients or any combination of them.”

Some common alternatives include wider family, such as siblings, charities, friends, carers and the Government.

Mr Bennett continued: “Whilst it may seem natural to some parents and grandparents to simply pass assets down the family tree, others may only be comfortable leaving a proportion of their wealth this way.”

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He also warned it usually makes little sense, in inheritance tax terms, to pass assets up the family tree as there is a danger the recipient is subsequently taxed twice, or more.

Another important point raised by Mr Bennett was that people should make sure that they have enough held back for their own needs before they worry about future generations.

How much is enough?

Assuming someone wants to leave money to future generations, they then need to address the thorny issue of how much to give.

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    Mr Bennett said: My advice would be to identify specific financial goals that could be funded in the future – university costs, for example, or a first property deposit – and work out how much money they may require and for how many people.

    Mr Bennett's advice is to identify specific financial goals that could be funded in the future - such as university costs or a first property deposit. Then, he suggests working out how much money they may require and for how many people.

    “That way, it is also easier for a donor to work out how much they can afford to spend on themselves before they die, and manage the expectations of future generations.”

    He added that this is harder to do if a death estate is simply left as an open “whatever is left” blank cheque.

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    The best ways to pass down assets

    Inheritance tax is levied at a hefty 40 percent, with few exceptions, on an estate once its value exceeds the available tax-free limits.

    These are £325,000 per individual, or up to £650,000 for a married couple.

    Passing assets down the family tree is one way to reduce the value of an estate and therefore the eventual tax bill. There are a number of ways this can be done.

    Regular gifts out of income can be made, subject to specific affordability tests.

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    Potentially exempt transfers of any amount can be made at least seven years prior to death, however, Mr Bennett pointed out this comes with “some big caveats”.

    He explained: “One is that the assets must be properly gifted (rather than, say, loaned) and another is that, should the donor die within the seven-year period, tax becomes payable on a sliding scale.

    “The other aspect of such gifts that needs noting is that they do not escape capital gains tax, which has its own rules.”

    Gifts in consideration of marriage are another potential option, subject to limits according to who is making them.

    Single gifts of up to £3,000 per year can also be made, either to one person or split between several people, as well as small gifts of up to £250 per recipient.

    Gifts to political parties and charities and amounts paid into private pensions are two other avenues which Britons could potentially explore to reduce their inheritance tax bill.

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    Inheritance tax: Best ways to pass down your assets and reduce tax (2024)

    FAQs

    Inheritance tax: Best ways to pass down your assets and reduce tax? ›

    Transfer assets into a trust

    How to pass wealth to heirs tax free? ›

    There are 2 primary methods of transferring wealth, either gifting during lifetime or leaving an inheritance at death. Individuals may transfer up to $13.61 million (as of 2024) during their lifetime or at death without incurring any federal gift or estate taxes. This is referred to as your lifetime exemption.

    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.

    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.

    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.

    Is there a way around inheritance tax? ›

    If you have a large estate, you may be able to avoid inheritance tax by taking out a 'retirement interest-only mortgage' to pass on some early inheritance to family members. These mortgages involve releasing equity from of your house and paying the interest on the loan each month.

    How do the wealthy avoid estate taxes? ›

    A CLT transfers your asset to a trust and thereby, reduces your estate by the value of the asset. The trust then makes payments to one or more chosen charities, either for a set amount of time or until your passing. When the trust terminates, the asset is given to heirs who are the trust's beneficiaries.

    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 much can you inherit without paying federal taxes? ›

    In 2024, the first $13,610,000 of an estate is exempt from taxes, up from $12,920,000 in 2023. Estate taxes are based on the size of the estate. It's a progressive tax, just like our federal income tax. That means that the larger the estate, the higher the tax rate it is subject to.

    Is it better to gift or inherit property? ›

    Think twice about property as a gift

    From a financial standpoint, it is usually better for your heirs to inherit real estate than to receive it as a gift from a living benefactor.

    How to report inheritance to IRS? ›

    If you are a beneficiary of property or income from the estate, you could be impacted on your federal income tax return. You must report any income you receive passed through from the estate to you and reported on a Schedule K-1 (1041) on your income tax return.

    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 can you transfer wealth without paying taxes? ›

    The Unlimited Marital Deduction. Federal tax law allows you to pass your wealth to your spouse with no limit. These transfers are completely tax-free whether they occur during your lifetime or when you die.

    What is the federal estate tax exemption for 2024? ›

    Effective January 1, 2024, the federal estate and gift tax exemption amount increased from $12.92 million to $13.61 million per individual (a combined $27.22 million for a married couple), representing an increase of $690,000.

    Can you transfer assets without paying taxes? ›

    As long as the assets are sold at fair market value, there will be no reportable gain, loss, or gift tax assessed on the sale. There will also be no income tax on any payments made to the grantor from a sale. But many grantors opt to convert their IDGTs into complex trusts, which allows the trust to pay its own taxes.

    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.

    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.

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