Inheritance tax penalties soar as more families fall foul of the rules (2024)

  • Fines are levied for late forms and payments, or undervaluing or hiding assets
  • Amount families have paid has increased by more than half in past two years
  • How much are the penalties, and what are the common pitfalls? Find out below

By Tanya Jefferies

Published: | Updated:

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Fines on families who break inheritance tax rules jumped by a third to £2.28million last year, official data reveals.

Penalties can be levied for late forms and payments, or undervaluing or hiding assets subject to inheritance tax, which a rising number of families now pay due to frozen thresholds and the property boom over recent decades.

The level of fines paid has increased by more than half, and is an increase from £1.46million two years ago, according to HMRC figures obtained via a freedom of information request by NFU Mutual.

Sorting out a loved one's estate: How much are inheritance tax penalties and what are the pitfalls that can get you in trouble?

Only the richest 4 per cent of families pay inheritance tax, but the rate is 40 per cent on the chunk of assets above the thresholds, which more taxpayers now breach - especially if they own a home in a price hotspot.

The latest HMRC data for April to July show receipts from inheritance tax were £2.6 billion, up £200million from the same period last year.

> How is inheritance tax calculated? Read our guide

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The Office for Budget Responsibility has forecast the Treasury will raise an annual £8.4billion from inheritance tax by 2027/8.

The Conservatives are reportedly considering whether to include a pledge to abolish inheritance tax in their manifestoat the next general election.

How to avoid inheritance tax penalties

More families are being dragged into the net and paying more inheritance tax, and the increased sum levied in penalties suggests the complexities are catching more people out, according to NFU Mutual.

'Penalties are normally issued to families who either undervalue the assets being passed down or don't include them on the return,' says Sean McCann, chartered financial planner at the business.

Source: HMRC and NFU Mutual

He explains the following pitfalls.

- Rising values of property and other assets may mean families underestimate them.

- Many are unaware of the need to include gifts made in the seven years before a death, or when the deceased continued to enjoy a benefit from their gift for longer than that.

- Not getting professional valuations for property or other valuable assets can mean their value is understated due to lack of 'reasonable care'.

But McCann warns that if HMRC believes a family have intentionally provided incorrect information or not included assets on the inheritance tax return, this can be deemed 'deliberate'.

Taking steps to hide errors counts as 'deliberate and concealed', and attracts a larger penalty in addition to the extra tax owed.

How much are inheritance tax penalties?

'The level of penalty will depend on why the inheritance tax has been underpaid,' says McCann.

'If the error is due to the family not taking 'reasonable care' the penalty can be up to 30 per cent of the additional tax owed.

Got a tax question?

Heather Rogers, founder and owner of Aston Accountancy, is This is Money's tax columnist.

She can answer your questions on any tax topic - tax codes, inheritance tax, income tax, capital gains tax, and much more.

You can write to Heather at taxquestions@thisismoney.co.uk.

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'If it's deemed to be 'deliberate' it can be up to 70 per cent and if it's 'deliberate and concealed' the penalty can be up to 100 per cent of the additional tax owed.'

He cautions: 'HMRC has access to a wide range of data sources, including Land Registry sales information, which allows it to cross reference against the information on the inheritance tax return.'

McCann adds of the penalty data above: 'These figures show that HMRC doesn't hold back where it suspects inheritance tax has been underpaid.'

There are also penalties for late delivery of an inheritance tax return and payment. Inheritance tax time limits are here and penalties start at £100 for late inheritance tax accounts.

Financial advisers can help people mitigate inheritance tax bills. You can also read our guide: 10 ways to avoid inheritance tax legally.

Our tax columnist Heather Rogers has written a guide on how to find a good accountant and what you can expect to pay.

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Inheritance tax penalties soar as more families fall foul of the rules (2024)

FAQs

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.

How rich people avoid inheritance tax? ›

Private-placement life insurance, or PPLI, can be used to pass on assets from stocks to yachts to heirs without incurring any estate tax. In short, an attorney sets up a trust for a wealthy client. The trust owns the life-insurance policy that's created offshore.

How does inheritance tax affect me? ›

Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.

Why cut inheritance taxes? ›

Inheritance taxes aim to raise revenue and reduce inequality of opportunity arising from differences in parental wealth. But current UK policy has little impact on social mobility. Scrapping the tax would benefit the wealthiest, while reforms could reduce unfairness and negative economic effects.

What is the step-up basis loophole? ›

The Step-Up in Basis loophole is used to circumvent capital gains taxes, or to pay the least amount of this type of inheritance tax as is legally possible. This loophole can be used on inherited assets that have appreciated in value from the time they were purchased.

How do billionaires pass wealth 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 much can you inherit without paying federal 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.

How to not get taxed on inheritance? ›

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.

How does IRS find out about inheritance? ›

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.

Does inheritance count as income? ›

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

What assets are free from inheritance tax? ›

Some gifts and property are exempt from Inheritance Tax, such as some wedding gifts and charitable donations. Relief might also be available on certain types of property, such as farms and business assets.

Which states impose an inheritance tax? ›

States that currently impose an inheritance tax include:
  • Iowa (but Iowa is in the process of phasing out its inheritance tax, which was repealed in 2021; for deaths in 2021-2024, some inheritors will still have to pay a reduced inheritance tax)
  • Kentucky.
  • Maryland.
  • Nebraska.
  • New Jersey.
  • Pennsylvania.

How inherited money is usually tax free? ›

There is no federal inheritance tax. In fact, only six states — Iowa, Kentucky, Maryland, Nebraska, New Jersey and Pennsylvania — impose a tax on inherited assets as of 2024. Iowa Department of Revenue. Iowa Inheritance Tax Rates.

What are the drawbacks of the inheritance tax? ›

Inheritance tax is a complex issue with both advantages and disadvantages. While it can generate revenue for the government and promote fairness, it can also lead to double taxation and have a negative impact on family-owned businesses.

How to avoid taxes on inheritance money? ›

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.

Is there a way to avoid inheritance tax? ›

How to avoid inheritance tax
  1. Make a will. ...
  2. Make sure you keep below the inheritance tax threshold. ...
  3. Give your assets away. ...
  4. Put assets into a trust. ...
  5. Put assets into a trust and still get the income. ...
  6. Take out life insurance. ...
  7. Make gifts out of excess income. ...
  8. Give away assets that are free from Capital Gains Tax.
Jan 23, 2024

Can the IRS touch inheritance money? ›

Can the IRS take inheritance money? Yes, the IRS can take inheritance money for unpaid taxes.

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