eb sj lawyermonthly 800x90 dalyblack (1)
News

Inheritance Tax Seven-Year Rule Under Threat

Reading Time:
4
 minutes
Posted: 31st January 2025
Izabel Modano
inheritance tax
In this Article

Inheritance Tax Seven-Year Rule Under Threat.

Wealth advisers have raised alarms over the potential changes to the inheritance tax seven-year rule, following comments made by Rachel Reeves in her Spring Statement. The changes could significantly impact how individuals gift wealth to their heirs, prompting many to take action in advance of any possible modifications.

Typically, inheritance tax in the UK is charged at 40% on estates that exceed the nil-rate band, currently set at £325,000. However, the seven-year rule allows individuals to transfer assets or money to family members without incurring inheritance tax if they survive for seven years after the gift is made. This rule has been an essential planning tool for many individuals seeking to reduce their estate's tax burden.

But with speculation that the seven-year rule might be extended to ten years or abolished altogether, wealth advisers have noted a surge in clients transferring significant portions of their wealth to family members. Tax specialists suggest these actions are driven by fears of a future policy change aimed at increasing revenue for the government.

Fears of a Longer Window or Complete Abolition

Nimesh Shah, CEO of the accounting firm Blick Rothenberg, voiced concerns over the growing uncertainty surrounding the seven-year rule. Shah stated, “Reeves could go back to inheritance tax to raise money. One way is to extend it to 10 years or abolish it completely and introduce a lifetime gift allowance.” This potential shift could drastically alter how people manage their estates and the strategies they use to pass wealth to future generations.

In the October Budget, Rachel Reeves, the shadow chancellor, introduced plans to include unused pension pots in the inheritance tax framework starting in April 2027. This move is seen as a possible precursor to further changes in the inheritance tax system, raising concerns that other aspects, including the seven-year rule, could come under review.

The Seven-Year Rule Facing Challenges

Ian Cook, a financial adviser at Quilter Cheviot, expressed his apprehension about the potential challenges facing the seven-year rule in the upcoming Spring Statement. “The seven-year rule could be the next easy target. Switching from seven to 10 years is a very easy change to make. I wouldn’t be surprised if the Government announces a review of the process,” Cook said, highlighting how simple it could be for the government to make this change, especially given the increasing pressure on the tax system.

While the government currently collects under 1% of its total revenue from death duties, the income from inheritance tax has been rising. According to HM Revenue & Customs, collections reached £6.3 billion between April and December 2024, setting the stage for a record-breaking year in tax revenue.

Concerns Over the Impact on Wealth Transfer

Jason Hollands, managing director at Evelyn Partners, also weighed in on the potential changes to inheritance tax rules, particularly around gifting. He noted, “The number of conversations has certainly increased significantly in recent months, driven by more against pension assets.” Hollands explained that if the seven-year rule were extended, it could have a negative impact on wealth transfer strategies, particularly for individuals looking to pass on pension assets. “It would be potentially a very negative move if they pushed [the number of years] up further,” he said, suggesting that the changes could be seen as an attempt to boost spending in the economy rather than a simple tax hike.

In response to concerns over potential changes, an HM Treasury spokesman reiterated the government’s position, saying: “Gifting assets is a normal part of the inheritance tax system.” However, with increasing speculation and a growing push for tax reforms, wealth advisers and clients alike remain uncertain about the future of the inheritance tax system and how it might affect wealth planning strategies moving forward.

The possibility of changes to the seven-year rule highlights the ongoing tension between government efforts to increase tax revenue and individuals' strategies to protect and pass on their wealth. As the government looks for ways to boost revenue, this longstanding rule, which has provided significant tax relief for many, could be under significant threat in the coming months.

The seven-year rule for inheritance tax (IHT) in the UK was introduced in 1986 under the Inheritance Tax Act. Prior to this, gifts made during a person's lifetime were subject to immediate taxation, but the seven-year rule was created to allow individuals to transfer wealth to their heirs without incurring a tax liability if they survived for at least seven years after making the gift. This rule has been an important part of the UK's inheritance tax system ever since, although there have been discussions about potentially altering or extending it in recent years.

What is the 7 year rule in inheritance tax UK?

No tax is payable on any gifts you make, provided you live for seven years after giving them, unless the gift is part of a trust. This is referred to as the seven-year rule.

What is the cut-off for inheritance tax? 

The cut-off for inheritance tax in the UK is £325,000. This is known as the nil-rate band. If the value of an individual's estate exceeds this threshold, inheritance tax is charged at a rate of 40% on the amount above £325,000.

There are additional exemptions and allowances, such as the residence nil-rate band (which can increase the threshold if the estate includes a family home) and gifts made during the individual's lifetime that may also be exempt from tax depending on various conditions, like the seven-year rule.

These thresholds are subject to change based on government decisions, so it's always wise to check the most recent guidance.

Barrister Accused of Forging Will to Steal Inheritance

 

Share this article

JUST FOR YOU

eb sj lawyermonthly 350x250 dalyblack (1)9 (1)
Sign up to our newsletter for the latest Europe Updates
Subscribe to Lawyer Monthly Magazine Today to receive all of the latest news from the world of Law.
eb sj lawyermonthly 350x250 dalyblack (1)9 (1)
Connect with LM

About Lawyer Monthly

Lawyer Monthly is a news website and monthly legal publication with content that is entirely defined by the significant legal news from around the world.