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Do You Pay Inheritance Tax On a House Left In a Will?

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Inheriting a house through a will can be a bittersweet experience, often accompanied by questions about potential tax implications. Let’s unravel the intricacies of inheritance tax on property in the UK.

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Do You Pay Inheritance Tax On a House Left In a Will?

The short answer is: it depends. Whether you’ll pay inheritance tax on a house left in a will hinges on several factors, including the value of the entire estate and your relationship to the deceased.Here’s a quick overview of the inheritance tax landscape:• The current inheritance tax threshold (nil-rate band) is £325,000 per person.
• There’s an additional allowance for main residences passed to direct descendants.
• The tax rate above these thresholds is typically 40%.

How Does the Nil-Rate Band Work?

The nil-rate band is the amount up to which an estate can be valued before inheritance tax becomes due. As of 2024, this stands at £325,000.If the total value of the estate (including the house) is below this threshold, there’s no inheritance tax to pay. If it’s above, tax may be due on the portion exceeding £325,000.

What About the Residence Nil-Rate Band?

In addition to the standard nil-rate band, there’s an extra allowance for main residences:

• This is currently £175,000 (for 2024/25).
• It applies when a main residence is passed to direct descendants (children, grandchildren, etc.).
• It can increase the tax-free threshold to £500,000 per person.

Married Couples and Civil Partners

For married couples and civil partners, the situation is more favourable:

• They can pass assets to each other tax-free.
• Unused nil-rate band and residence nil-rate band can be transferred to the surviving spouse.
• This potentially allows a couple to pass on up to £1 million tax-free.

What If the Estate Exceeds the Thresholds?

If the value of the estate (including the house) surpasses the available thresholds, inheritance tax is typically charged at 40% on the excess.

Here’s a simple example:

Estate Value Threshold Taxable Amount Tax Due (40%)
£500,000 £325,000 £175,000 £70,000

Are There Any Exemptions or Reliefs?

Yes, several exemptions and reliefs can reduce inheritance tax liability:

  1. Gifts to spouses or civil partners
  2. Charitable donations
  3. Business relief for certain business assets
  4. Agricultural relief for farmland and buildings
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What is the 7 year rule in inheritance tax?

The 7-year rule refers to gifts made by the deceased. If they survive for 7 years after making a gift, it becomes exempt from Inheritance Tax. If they die within 7 years, the gift may be subject to IHT on a sliding scale.

How Can I Reduce Inheritance Tax on a Property?

If you’re concerned about potential inheritance tax on a property, consider these strategies:

• Gift the property at least seven years before death (be aware of the ‘gift with reservation’ rules).
• Take out life insurance to cover the potential tax bill.
• Leave a portion of your estate to charity to reduce the overall tax rate.
• Use trusts to manage the transfer of assets.

What If I Sell the Inherited Property?

If you decide to sell an inherited property, you might face capital gains tax on any increase in value since the date of death. However, this is separate from inheritance tax.

Do I Need to Pay the Tax Immediately?

Inheritance tax is usually paid by the executor of the will using funds from the estate. It must be paid within six months of the death. In some cases, you can pay in instalments over ten years, particularly for property.

What About Joint Ownership?

For jointly owned property, the situation varies:

• If owned as ‘joint tenants’, the deceased’s share automatically passes to the other owner(s).
• If owned as ‘tenants in common’, the deceased’s share forms part of their estate.

How Is the Property Valued for Inheritance Tax?

The property is valued at its open market value at the date of death. This isn’t necessarily the same as the price it might fetch if sold quickly.

What If I Can’t Afford to Keep the House?

If inheritance tax makes keeping the property unfeasible, you have options:• Sell the property to pay the tax.
• Consider an equity release scheme.
• Explore whether you can pay the tax in instalments.

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