IHT: Business implications and relief opportunities

inheritance-tax.jpg.jpg

WHAT IS INHERITANCE TAX?

Inheritance Tax (IHT) is a tax imposed on the estate of a deceased person. It is levied on the value of the estate before it is distributed to the heirs and paid by the estate prior to any of the assets being distributed. Assets can include cash, investments, equipment, and real estate.

The current tax-free allowance on inheritance tax is known as the "nil-rate band." This is the amount of the estate that is exempt from inheritance tax. This means that if the value of the estate is below the threshold of £325,000, no inheritance tax will be due unless a lifetime gift has been made which uses the nil rate band in the previous 7 years. Anything above the threshold will be taxed at 40 per cent per individual frozen until 2027/28.

The estate can pay Inheritance Tax at a reduced rate of 36 per cent on some assets if you leave 10 per cent or more of the ‘net value’ to charity in your will. (The net value is the estate’s total value minus any debts.)

As well as the nil rate band there is a residential nil rate band of up to a maximum of £175,000 per person where they leave their home to their direct descendants. The relief is restricted if the value of a person’s estate exceeds £2m. Both the nil rate band and the residential nil rate band are transferable to a surviving spouse if unused on the first death.

Inheritance tax may also be charged on certain lifetime gifts to trusts and on property held in trusts. This article does not deal with those charges.

HOW DOES INHERITANCE TAX AFFECT A BUSINESS?

As a sole trader, your business is not a separate legal entity. This means upon your death; your business assets will form part of your estate and if this exceeds the £325,000 threshold will be subject to inheritance tax.

With the rate at 40 per cent, this means the heirs could be liable for a significant amount of tax.

Another business structure is a partnership, where two or more people own and operate a business. In the circumstance of one partner passing away, their share of the partnership assets is subject to inheritance tax again if the value exceeds the current threshold.

A limited company is a type of business entity that is a separate legal identity from its owners therefore, when a shareholder passes, their shares in the business are subject to inheritance tax.

RELIEF AND EXEMPTIONS

Business property relief is a tax relief that can reduce the inheritance tax liability on certain business assets when they are passed on as part of an estate. The relief applies to the transfer of ownership and the value of qualifying business assets, such as shares in unlisted companies, sole trader businesses, and certain types of agricultural property.

The relief can be as much as 100 per cent if the business is a trade and is designed to encourage entrepreneurship and support the growth of small and medium-sized businesses by reducing the tax burden on business owners and their heirs.

Agricultural property relief is an exemption from inheritance tax available on the value of any land, buildings, livestock, and assets used for agricultural purposes. To qualify for APR, the property must meet certain conditions in brief the main conditions are:

It must be agricultural property, which is defined as land or pasture that is used for the purpose of agriculture, including the breeding, and rearing of animals and the growing of crops.

The agricultural property must have been owned and used for agricultural purposes by the deceased person for at least two years prior to their death. Relief may also be due where the land is owned for 7 years and farmed by another party subject to certain conditions.

If the property meets these conditions, it may be eligible for 100 per cent APR, which means that no inheritance tax is due on the transfer. However, it is important to note that there are some exceptions and limitations to this relief. Relief is only due on the agricultural value of land and not hope value, although business property relief may also be due on the balance of the value, and on other assets that may not qualify for agricultural property relief.

Some gifts you give, while you are alive, may be taxed after your death if you die within 7 years of the date of the gift. Depending on when you gave the gift, ‘taper relief’ could mean the Inheritance Tax charged on the gift is less than 40 per cent.

Overall, inheritance tax can have a significant impact on a UK limited company and its shareholders, and it is important to plan ahead and take advantage of any available reliefs and exemptions to minimize the amount of tax payable. It is recommended to seek professional advice from a tax specialist to ensure that the appropriate exemptions and reliefs are claimed and that the estate is planned in a tax-efficient manner.

The most fundamental estate planning you can do is to ensure you have an up-to-date will in place which reflects your wishes as to how your estate should be distributed. Speak to our experienced tax team today on 01254 688100!

Enjoyed this? Read more from Pierce CA Ltd

Latest news

1

Green tech firm signs £10m Azerbaijan MOU at COP29 The Carbonbit signing ceremony

Green tech firm signs £10m Azerbaijan MOU at COP29

15 Nov 2024

2

Development partner wanted to deliver Morecambe’s Frontierland plan Frontierland

Development partner wanted to deliver Morecambe’s Frontierland plan

15 Nov 2024

3

TP Financial Solutions named in top 100 firms list TP Financial Solutions

TP Financial Solutions named in top 100 firms list

15 Nov 2024

4

Government set to release £20m in preparation for new combined authority Lynn Williams, Phil Riley and Philippa Williamson

Government set to release £20m in preparation for new combined authority

14 Nov 2024

5

Farleys Solicitors invest in the future with flagship office space Communications House.jpg.jpg

Farleys Solicitors invest in the future with flagship office space

14 Nov 2024

PC PrestonMacan GIF980x120
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:00 - 16:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 2
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
15 Oct 2024 - 17 Dec 2024

Skills Bootcamp in Procurement - Cohort 2

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

mBITfor transformative leadership and coaching
mBIT coach Practitioner.png.png
LBV Hub Seminars
14 Nov 2024 - 17 Nov 2024

mBITfor transformative leadership and coaching

Unlocking Possibilities training venue, 166 Waterloo Road , Blackpool, FY4 2AF

09:00 - 17:00

North West HR Employers Forum
CBP-logo LBV.png.png
LBV Hub Seminars
20 Nov 2024 - 20 Nov 2024

North West HR Employers Forum

Wham Stadium, Accrington Stanley, Livingstone Road, Accrington, BB5 5BX

09:00 - 12:00

LBV119 Magazine Launch Event
DSC9389
Networking
20 Nov 2024

LBV119 Magazine Launch Event

Stonyhurst College, Clitheroe, BB7 9PT

16:00 - 18:00

Live Work Create: Building Community In The Modern World
Live-Work-Create-Building-Community-1024x1024.png.png
LBV Hub Networking
20 Nov 2024

Live Work Create: Building Community In The Modern World

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 20:00

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!
Quiz Pic.jpg.jpg
LBV Hub Fundraisers
21 Nov 2024 - 21 Nov 2024

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:30

Emergency First Aid at Work
Chamber Logo1.png.png
LBV Hub Seminars
21 Nov 2024

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 05:00

SPARK The Apprenticeship Marketplace
UCLanAerialCampus.jpg.jpg
LBV Hub Networking
21 Nov 2024 - 21 Nov 2024

SPARK The Apprenticeship Marketplace

University of Central Lancashire, Preston, PR1 2HE

09:30 - 13:00

NLP Diploma Foundations
nlp nov 24.png.png
LBV Hub Seminars
22 Nov 2024 - 24 Nov 2024

NLP Diploma Foundations

Unlocking Possibilities training venue, 166 Waterloo Road , Blackpool, FY4 2AF

09:00 - 17:00

Lancashire Business Day 2024
231124LBVLancashireDayEventweb 5782
Networking
22 Nov 2024

Lancashire Business Day 2024

Blackburn Rovers Football Club, Blackburn, BB2 4JF

12:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV118 Online Graphic
Subscribe now

Weekly news bulletin