How can I cut my inheritance tax liabilities before I die? (2024)

I am in my 70s and want to ensure that I mitigate any inheritance tax bills when I die.

I am widowed and have three children, all married, and four grandchildren, aged between five and 14. Can you give me any good advice? M.B., Cardiff

Ruth Jackson-Kirby replies:Inheritance tax, payable upon death, is a growing worry for many people. The inheritance tax threshold – above which tax is charged at 40 per cent – has been frozen at £325,000 since 2009 and will remain the same until at least 2026.

Planning ahead: Inheritance tax, payable upon death, is a growing worry for many people

As house prices and inflation rise, an increasing number of estates are becoming liable for the hated death duty.

Not that the Government minds. Her Majesty's Revenue & Customs is enjoying record-breaking IHT receipts with £6.1billion received in the tax year ending April 5, 2020, the latest statistics available. This is up 14 per cent on the previous year. The average IHT bill is now £216,000.

That's the bad news. The good news is that there are many actions you can take to minimise any future IHT bill and ensure you pass asmuch of your estate as possible to your family.

First, let's look at the allowances available. As mentioned, the first £325,000 of your estate – the value of everything you own from savings to paintings – can be passed on free of IHT.

You can also pass on a further £175,000 tax-free if you leave your main home to your children or grandchildren.

You mention that you are widowed. If your spouse left their estate toyou, then the benefit of any of their IHT allowance that they didn't use goes to you. That means you could be able to pass a total of up to £1million to your beneficiaries without being liable for IHT.

Now let's consider your investments. If you have money invested in a defined contribution or money purchase pension, it is usually free of IHT and can be passed on tax-free to your beneficiaries if you die before the age 75.

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If you die after age 75, any money subsequently withdrawn from the pension pot by the beneficiary is taxed as income.

Tom Selby, head of retirement policy at wealth manager AJ Bell, says: 'Pensions are among the most tax-efficient vehicles available to savers. It often makes sense to spend your pension last if minimising IHT is a priority. Isas and investments held outside tax wrappers usually count towards your estate for IHT purposes.'

You can give money away before you die. It won't be included in yourestate for IHT consideration if you abide by the rules. You can give away up to £3,000 a year this way. You may also make annual small gifts of £250 to as many people as you wish – for example, £250 to each of your four grandchildren.

Indeed, if the grandchildren get married, you can give them each a gift of up to £2,500 – free from IHT.

Gifts from regular income are also permitted. Sarah Coles, senior personal finance analyst at wealth manager Hargreaves Lansdown, says: 'As long as it isn't from your savings or investments, and by giving the income away you're not affecting your standard of living, you can make a gift of any size which leave your estate immediately.'

One sensible option would be toset up monthly direct debits into a tax-friendly Junior Isa for each of your grandchildren, so they will have a lump sum to help them get started in their adult life.

Any other gifts you wish to make are classed as potentially exempt transfers. This means that if you live for seven years after handing the money over, it isn't counted as part of your estate. If you die before then, the gift is subject to IHT on a sliding scale, starting at 40 per cent.

It is possible to take out insurance to protect gifts from future IHT. These policies are known as 'inter vivos' insurance and will cover any future IHT on the gifted amount. However, they have to be handled carefully. You need to place the policy into a trust – otherwise the payout could be added to your estate and IHT owed on it, increasing rather than reducing your IHT bill.

Finally, be careful not to overly focus on mitigating IHT. It's important not to give away too much too soon. People often mistakenly prioritise inheritance tax planning over more important issues such as the funding of any long-term care they may require further down the road.

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How can I cut my inheritance tax liabilities before I die? (2024)

FAQs

How to minimize inheritance tax? ›

Transfer assets into a trust

An irrevocable trust transfers asset ownership from the original owner to the trust beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.

Are there loopholes for inheritance tax? ›

Place assets within a trust.

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.

Does the IRS know when you inherit money? ›

Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.

How do you pass assets to heirs before death? ›

The most common way to give an inheritance before death is to write a will and designate specific beneficiaries. This may be done in one of two ways - either by leaving the property or money directly to the person who you want to get it or by placing it in trust so that it goes directly to them after your death.

Does inheritance count as income? ›

Inheritances are not considered income for federal tax purposes, whether the individual inherits cash, investments or property.

Do you have to pay taxes on money received as a beneficiary? ›

Some states have inheritance taxes, but California is not one. However, it's essential to be aware that even though there is no inheritance tax in California, there may still be federal estate tax to consider.

Is there a way around inheritance tax? ›

Giving assets to your spouse

If you want to cut your inheritance tax bill, then it helps to tie the knot. You can pass on assets of unlimited value to a spouse or civil partner without any inheritance tax liability.

What triggers inheritance tax? ›

An inheritance tax is a state tax that you pay when you receive money or property from the estate of a deceased person. Unlike the federal estate tax, the beneficiary of the property is responsible for paying the tax, not the estate. As of 2023, only six states impose an inheritance tax.

What is the step-up basis loophole? ›

The stepped-up basis loophole allows someone to pass down assets without triggering a tax event, which can save estates considerable money. It does, however, come with an element of risk. If the value of this asset declines, the estate might lose more money to the market than the IRS would take.

How much can you inherit without paying federal taxes? ›

This threshold gradually rises every year to account for inflation over time. As of 2023, your estate is required to pay the federal estate tax if the value of your taxable estate exceeds $12.92 million and increases to $13,610,000 for 2024.

What is a letter of proof of inheritance? ›

An Affidavit of Inheritance is a legal document that verifies the identity of an heir or heirs of a deceased person and establishes their right to inherit the deceased person's property. It is typically used when the deceased person did not leave a will, or the will is being contested.

Where to deposit inheritance money? ›

A good place to deposit a large cash inheritance, at least for the short term, would be a federally insured bank or credit union. Your money won't earn much in the way of interest, but as long as you stay under the legal limits, it will be safe until you decide what to do with it.

What is the best way to leave inheritance to children? ›

Estate planning tools like wills and trusts are the best options for leaving money to your children because you can outline how and when your children will receive the money. If the child is a minor, you can even dictate how they can spend the money.

What is the best way to pass money to heirs? ›

The best ways to leave money to heirs
  1. Will. The first is by having a will. ...
  2. Life insurance. The second way is with life insurance. ...
  3. Estate taxes. Estates that are worth a lot of money can also owe estate taxes. ...
  4. Life insurance trusts.

How do you distribute inheritance money? ›

To receive an inheritance, usually the estate must first go through probate. A court will supervise this process, which includes reviewing the will, if applicable, determining the value of assets, locating assets, paying bills and taxes and distributing the assets to the rightful inheritors.

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.

How to pass money to heirs tax free? ›

How To Pass Generational Wealth Tax Free
  1. The Lifetime Gift Tax Exemption. ...
  2. Irrevocable Life Insurance Trust (ILIT) ...
  3. Step-Up Basis. ...
  4. Generation-Skipping Trusts (GSTs) ...
  5. Grantor Retained Annuity Trusts (GRATs) ...
  6. Bequeathing Roth IRAs. ...
  7. 529 Plans. ...
  8. Family Limited Partnerships (FLPs)
Dec 11, 2023

How to avoid capital gains on inherited property? ›

How to Avoid Paying Capital Gains Tax on Inheritance
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

What is the IRS threshold for inheritance tax? ›

The federal estate tax exemption exempts $13.61 million over a lifetime as of 2024. There's no income tax on inheritances.

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