The MAM Blog – Proposed Changes to Inheritance Tax

Jamie McLaren - Financial Planner, Murray Asset Management
Jamie McLaren – Financial Planner

The Office of Tax Simplification (OTS) was tasked to review Inheritance Tax (IHT) by former Chancellor, Philip Hammond, in January 2018. The OTS have now released their second report, ‘Simplifying the design of IHT’, in which eleven recommendations have been made to the Government. This month’s blog post briefly covers the main proposals, which focus on three key areas:

  1. Lifetime gifts

The OTS have proposed replacing the annual gift exemption and marriage/civil partnership gift exemption with an overall personal gifts allowance (although a figure has not been proposed at this stage).

Under current IHT rules, a lifetime gift will remain in an individual’s estate for seven years with a taper applying to a proportion of some gifts after three years. The OTS consider this to be too long a period (which can extend up to fourteen years when a gift into trust has been made) with a complicated taper rule. A shorter period of five years, with the taper being abolished, has been proposed.

  1. Interaction with Capital Gains Tax (CGT)

Currently, there is no CGT payable on death and the individual inheriting assets is treated as acquiring them with a market value as of the date of death. This concept is known as the ‘capital gains uplift’. This allows for certain assets which are exempt or relieved from IHT to be sold shortly after death without any CGT or IHT payable, discouraging people from passing on assets to the next generation during their lifetime.

The OTS have proposed that where a relief, or exemption, from IHT would apply (the classic example being where a spouse inherits), the that CGT uplift be removed with the recipient instead being treated as receiving the assets at the historical base cost of the person who has died.

  1. Businesses and Farms

Trading businesses and farming assets have the potential to qualify for 100% relief from IHT under current rules via business property relief (BPR) and agricultural property relief. BPR can also apply to certain companies traded on the Alternative Investment Market. These exemptions are in place to prevent the break-up of businesses and farms to cover any IHT bill.

The OTS consider these reliefs are generally still appropriate, but that the definitions of the rules should be made clearer due the opaqueness of certain rules e.g. rules impacting non-controlling share in trading companies, LLPs, furnished holiday lets and valuations of assets.

These proposals will likely be considered in Sajid Javid’s Autumn budget.

The full OTS report can be found here.