Guide
The full UK Inheritance Tax rulebook
Every exemption, relief, band and rate that makes up UK Inheritance Tax, in one place — including less-talked-about ones like gifting part of your salary through the surplus income exemption. Each rule gets a plain-English explanation next to it, plus the fuller mechanics underneath for when you need them. Where the rule comes from primary legislation, a "The law" section underneath quotes the actual statute word for word, with a citation and a link to legislation.gov.uk to verify it yourself.
Tax-free bands and rates
Nil-rate band (NRB)
£325,000The first £325,000 of every estate is tax-free, no conditions attached.
Frozen at this level since 2009 and currently due to stay frozen until at least April 2030. Any unused portion can be transferred to a surviving spouse or civil partner, so a couple can potentially pass on up to £650,000 tax-free between them before the residence nil-rate band is even considered.
The law — Inheritance Tax Act 1984, Schedule 1
“Portion of value — Lower limit (£) 0, Upper limit (£) 325,000 — Rate of tax: Nil. Portion of value above £325,000 — Rate of tax: 40 per cent.”Inheritance Tax Act 1984, Schedule 1 · legislation.gov.uk ↗
Residence nil-rate band (RNRB)
up to £175,000An extra tax-free amount on top of the NRB, but only if your home goes to children or other direct descendants.
Applies when a home you've lived in is left to children, grandchildren or other direct descendants (not siblings, nieces/nephews, or unrelated beneficiaries). It tapers away for large estates — reduced by £1 for every £2 an estate is worth over £2 million — and disappears entirely for very large estates. Also transferable between spouses/civil partners, and can sometimes survive selling or downsizing your home via the "downsizing addition" (see below).
The law — Inheritance Tax Act 1984, s.8D(5)
“the "residential enhancement" is [...] £175,000 for the tax year 2020-21 and subsequent tax years [...] the "taper threshold" is £2,000,000 for the tax year 2017-18 and subsequent tax years.”Inheritance Tax Act 1984, s.8D(5) · legislation.gov.uk ↗
Standard Inheritance Tax rate
40%Everything above your tax-free bands is taxed at 40%.
Applied to the portion of the estate above the combined nil-rate band and residence nil-rate band. There is no tax at all within those bands.
Reduced rate for charitable giving
36%Leave at least 10% of your estate to charity and the rate on the rest drops from 40% to 36%.
The 10% threshold is measured against the "baseline" estate — broadly, the taxable estate after deducting reliefs, exemptions and the nil-rate bands, not the whole gross estate. Charitable gifts themselves are always fully exempt regardless of whether this threshold is reached.
Unlimited, no-strings exemptions
Spouse / civil partner exemption
unlimitedAnything left to your UK spouse or civil partner is entirely tax-free, however much it's worth.
Applies only to a legally married spouse or registered civil partner, not an unmarried partner. It can be restricted where the receiving spouse doesn't meet the UK's "long-term resident" test (see the domicile/residence rule below) — historically there was a fixed cap in that situation.
The law — Inheritance Tax Act 1984, s.18(1)
“A transfer of value is an exempt transfer to the extent that the value transferred is attributable to property which becomes comprised in the estate of the transferor's spouse or civil partner or, so far as the value transferred is not so attributable, to the extent that that estate is increased.”Inheritance Tax Act 1984, s.18(1) · legislation.gov.uk ↗
Charity exemption
unlimitedGifts to UK-registered charities, during life or in your will, are always completely tax-free.
Also counts toward unlocking the reduced 36% rate above once it reaches 10% of the baseline estate. Gifts to certain other bodies — registered political parties, and some national institutions such as major museums, universities and the National Trust — are exempt on the same basis.
The law — Inheritance Tax Act 1984, s.23(1)
“Transfers of value are exempt to the extent that the values transferred by them are attributable to property which is given to charities or registered clubs.”Inheritance Tax Act 1984, s.23(1) · legislation.gov.uk ↗
Family maintenance payments
unlimitedReasonable payments to support a spouse, ex-spouse, child's education, or a dependent relative don't count as gifts for tax purposes at all.
A long-standing but often-overlooked exemption: reasonable provision for the maintenance of a spouse or former spouse, for a child's education or training (typically until they stop full-time education), or for a dependent relative, falls outside the gift rules entirely — it was never a "transfer of value" in the first place, so it doesn't use up any allowance and isn't a PET. Log this in the Gift Planner as a "Family maintenance payment" to track it separately from an ordinary gift.
The law — Inheritance Tax Act 1984, s.11(1) and (3)
“A disposition is not a transfer of value if it is made by one party to a marriage or civil partnership in favour of the other party or of a child of either party and is—(a) for the maintenance of the other party, or (b) for the maintenance, education or training of the child for a period ending not later than the year in which he attains the age of eighteen or, after attaining that age, ceases to undergo full-time education or training. [...] A disposition is not a transfer of value if it is made in favour of a dependent relative of the person making the disposition and is a reasonable provision for his care or maintenance.”Inheritance Tax Act 1984, s.11(1) and (3) · legislation.gov.uk ↗
Gifting exemptions — the ones you can use every year
Annual exemption
£3,000/yearGive away £3,000 a year, to one person or split between several, completely tax-free.
If you don't use it, you can carry the unused amount forward exactly one year — so with a fully unused previous year, you could gift up to £6,000 in one go. It doesn't carry forward more than one year.
The law — Inheritance Tax Act 1984, s.19(1)
“Transfers of value made by a transferor in any one year are exempt to the extent that the values transferred by them (calculated as values on which no tax is chargeable) do not exceed £3,000.”Inheritance Tax Act 1984, s.19(1) · legislation.gov.uk ↗
Small gifts exemption
£250/personGive up to £250 to as many different people as you like each year, tax-free.
The catch: it can't be combined with any other exemption for the *same* person in the same tax year — if someone has already received part of your £3,000 annual exemption, they can't also get the small gifts exemption on top.
The law — Inheritance Tax Act 1984, s.20(1)
“Transfers of value made by a transferor in any one year by outright gifts to any one person are exempt if the values transferred by them (calculated as values on which no tax is chargeable) do not exceed £250.”Inheritance Tax Act 1984, s.20(1) · legislation.gov.uk ↗
Wedding / civil partnership gifts
£5,000 / £2,500 / £1,000Extra tax-free amounts for a wedding or civil partnership: £5,000 from a parent, £2,500 from a grandparent, £1,000 from anyone else.
Must be made in consideration of the marriage or civil partnership (broadly, on or shortly before it, and it falls away if the marriage doesn't go ahead). Can be combined with the £3,000 annual exemption, but not with the £250 small gifts exemption for the same person.
The law — Inheritance Tax Act 1984, s.22(1)
“Transfers of value made by gifts in consideration of marriage or civil partnership are exempt to the extent that the values transferred by such transfers made by any one transferor in respect of any one marriage or civil partnership (calculated as values on which no tax is chargeable) do not exceed—(a) in the case of gifts within subsection (2) below by a parent of a party to the marriage or civil partnership, £5,000, (b) in the case of other gifts within subsection (2) below, £2,500, and (c) in any other case £1,000; any excess being attributed to the transfers in proportion to the values transferred.”Inheritance Tax Act 1984, s.22(1) · legislation.gov.uk ↗
Gifts from surplus income (including salary)
unlimitedRegularly gifting part of your salary, pension or other income — not savings — is tax-free immediately, with no 7-year wait at all.
HMRC calls this "normal expenditure out of income" (s.21 IHTA 1984). Three conditions must all be met: (1) it's paid from genuine income — salary, pension, dividends, rental income and similar all count — not capital or savings; (2) it forms part of a normal, regular pattern of giving (HMRC typically wants to see this over at least 3-4 years); and (3) it still leaves you enough income to maintain your usual standard of living. Unlike every other lifetime gift, this one is completely separate from the 7-year rule — it's exempt the moment it's given, not 7 years later. There's no fixed monetary limit, but keep records (bank statements, a written note of the pattern), since your executors must document it on HMRC form IHT403 after your death to actually claim the exemption.
The law — Inheritance Tax Act 1984, s.21(1)
“A transfer of value is an exempt transfer if, or to the extent that, it is shown—(a) that it was made as part of the normal expenditure of the transferor, and (b) that (taking one year with another) it was made out of his income, and (c) that, after allowing for all transfers of value forming part of his normal expenditure, the transferor was left with sufficient income to maintain his usual standard of living.”Inheritance Tax Act 1984, s.21(1) · legislation.gov.uk ↗
Lifetime gifts that do wait 7 years
Potentially Exempt Transfer (the "7-year rule")
7 yearsGive something to a person (not most trusts) and survive 7 years, and it falls out of your estate completely.
Die within 7 years and the gift is brought back into your estate for tax purposes, using up your nil-rate band before your death estate does (oldest gifts first). Only gifts to individuals qualify as PETs — most gifts into trust are taxed differently (see "chargeable lifetime transfers" below).
The law — Inheritance Tax Act 1984, s.3A(1A)
“Any reference in this Act to a potentially exempt transfer is also a reference to a transfer of value—(a) which is made by an individual on or after 22nd March 2006, (b) which, apart from this section, would be a chargeable transfer (or to the extent to which, apart from this section, it would be such a transfer), and (c) to the extent that it constitutes—(i) a gift to another individual, (ii) a gift into a disabled trust, or (iii) a gift into a bereaved minor's trust on the coming to an end of an immediate post-death interest.”Inheritance Tax Act 1984, s.3A(1A) · legislation.gov.uk ↗
Taper relief
sliding scaleSurvive at least 3 years and the tax rate on a failed gift starts dropping, even if you don't make the full 7.
A commonly misunderstood rule: it reduces the *rate* of tax charged on the gift, not the value of the gift itself, and only bites if tax is actually due on it. The scale: 0% relief (full 40%) within 3 years, then 20% off in years 3-4, 40% off in years 4-5, 60% off in years 5-6, 80% off in years 6-7, and full (100%) relief — no tax at all — once you've survived 7 years.
The law — Inheritance Tax Act 1984, s.7(4)
“[I]n the case of a chargeable transfer made within that period but more than three years before the death, the tax charged on the value transferred shall be charged at the following percentage of the rate or rates referred to in subsection (1) above—(a) where the transfer is made more than three but not more than four years before the death, 80 per cent; (b) where the transfer is made more than four but not more than five years before the death, 60 per cent; (c) where the transfer is made more than five but not more than six years before the death, 40 per cent; and (d) where the transfer is made more than six but not more than seven years before the death, 20 per cent.”Inheritance Tax Act 1984, s.7(4) · legislation.gov.uk ↗
Gift with reservation of benefit (GWROB)
stays in your estateGive something away but keep using it — like gifting your house but still living in it rent-free — and HMRC treats it as if you never gave it away.
The classic trap: the asset stays fully inside your taxable estate regardless of how many years pass, and the 7-year clock never starts. To make it a genuine gift, you generally need to give up all benefit — for a home, that means moving out for good, or paying the new owner the full market rent to keep living there.
The law — Finance Act 1986, s.102(1)
“this section applies where, on or after 28th March 1986, an individual disposes of any property by way of gift and either—(a) possession and enjoyment of the property is not bona fide assumed by the donee at or before the beginning of the relevant period; or (b) at any time in the relevant period the property is not enjoyed to the entire exclusion, or virtually to the entire exclusion, of the donor and of any benefit to him by contract or otherwise; and in this section "the relevant period" means a period ending on the date of the donor's death and beginning seven years before that date or, if it is later, on the date of the gift.”Finance Act 1986, s.102(1) · legislation.gov.uk ↗
Chargeable lifetime transfer (gifts into most trusts)
20% immediatelyUnlike a gift to a person, putting money or assets into most trusts is taxed straight away, not just potentially.
Any amount above your available nil-rate band is taxed immediately at 20% (half the death rate) when it goes into the trust. If you die within 7 years, it's recalculated at the full death rate (with taper relief for years 3-7 applied, same as a PET), with credit given for the 20% already paid. This is already built into the Trust structure strategy's "entry charge" figure, shown in your tax breakdown once the strategy is switched on.
Business, agricultural and investment reliefs
Business Relief (BR)
100% or 50%Qualifying trading business assets, held for at least 2 years, can pass free of Inheritance Tax.
From 6 April 2026, Business Relief and Agricultural Relief share one combined £1 million allowance of 100% relief per person; value above that gets 50% relief (an effective 20% tax rate). Any unused allowance is transferable to a surviving spouse or civil partner. Shares listed on the Alternative Investment Market (AIM) are treated more harshly still — they lose 100% relief altogether and only ever get 50%, regardless of the £1m allowance.
The law — Inheritance Tax Act 1984, s.104(1)
“Where the whole or part of the value transferred by a transfer of value is attributable to the value of any relevant business property, the whole or that part of the value transferred shall be treated as reduced by 50%.”Inheritance Tax Act 1984, s.104(1) · legislation.gov.uk ↗
Agricultural Relief (APR)
100% or 50%Actively farmed land and farmhouses can pass free of Inheritance Tax, on the same terms as Business Relief above.
Covers the agricultural value of qualifying farmland and farmhouses. From 6 April 2026 it shares the same combined £1 million 100%-relief allowance with Business Relief — larger farms and estates need to plan around this cap rather than assume unlimited 100% relief continues.
The law — Inheritance Tax Act 1984, s.116(1)
“Where the whole or part of the value transferred by a transfer of value is attributable to the agricultural value of agricultural property, the whole or that part of the value transferred shall be treated as reduced by 50%.”Inheritance Tax Act 1984, s.116(1) · legislation.gov.uk ↗
AIM / Business Relief-qualifying investments
2-year holdYou can also buy your way into Business Relief, not just inherit a business — via shares in certain smaller trading companies.
Moving cash or investments into shares of qualifying smaller trading companies (commonly via AIM, the London Stock Exchange's junior market) through a specialist platform or adviser can qualify for the same Business Relief treatment after a 2-year holding period. This is a real investment decision with real risk (illiquidity, share-price volatility), not a guaranteed tax shelter.
Woodlands relief
timber value onlyA narrow, less-used relief that can defer tax on the value of standing timber in commercial woodland.
Covers only the timber, not the underlying land, and only defers the tax (until the timber is eventually sold) rather than removing it. In practice, most qualifying woodland today is better covered by Business or Agricultural Relief where those apply, but this older relief can still matter for pure timber-growing land that doesn't qualify for either. Mark a property's type as "Commercial woodland" and switch on the Woodlands relief strategy to model it (this app treats it as a flat 100% relief on the asset, a simplification of the real timber-only deferral).
Conditional exemption for heritage assets
conditionalOutstanding heritage property — historic houses, land, works of art — can be exempt if you agree to preserve it and let the public see it.
A niche relief for assets of national heritage, scientific, historic or artistic interest. It defers tax indefinitely in exchange for formal undertakings (maintenance, and reasonable public access) — breaching those undertakings or selling the asset can trigger the deferred tax. Flag a property or valuables asset as a heritage asset and switch on the Heritage property relief strategy to model it — this genuinely needs a solicitor experienced in heritage property, not just this tool.
Pensions
Pensions — current treatment
outside the estateRight now, most pension pots sit outside your estate and pass to whoever you've nominated, tax-free.
Applies to most defined-contribution pension pots, passed on via an "expression of wish" with your provider — separate from your will. Because of this, many people deliberately spend other assets first in retirement and leave pensions untouched for as long as possible.
Pensions from 6 April 2027
brought into the estateFrom April 2027, most unused pension funds and death benefits become subject to Inheritance Tax like everything else.
A major upcoming change — it removes much of the benefit of the "spend other assets first, leave the pension" strategy above. Death-in-service benefits from a registered scheme stay excluded, and the existing exemption for pension death benefits passing to a spouse, civil partner, or charity is expected to remain.
Property-specific rules
RNRB downsizing addition
preserves lost RNRBSold or downsized your home since July 2015? You can often still claim the residence nil-rate band it would have earned.
Applies if you sold, gave away, or downsized your main home on or after 8 July 2015, as long as broadly equivalent value from the rest of your estate goes to children, grandchildren or other direct descendants. A second or third property never qualified for RNRB, so selling one doesn't reclaim anything here.
Pre-Owned Assets Tax (POAT)
anti-avoidanceYou can't sell your home to a beneficiary and then get the benefit back some other way while still living there.
Introduced in 2005 to close off "home loan" or similar schemes. Trying to keep the benefit of an asset you've technically given away either falls back into gift-with-reservation treatment, or triggers an ongoing income tax charge instead — a genuine, full-value sale with no benefit kept afterwards is unaffected.
Trusts
Relevant property regime
entry / 10-yearly / exit chargesMost trusts face their own ongoing tax charges — it's a planning tool, not a way to sidestep tax entirely.
An entry charge (see chargeable lifetime transfers above) when assets go in above the nil-rate band, a periodic charge of up to 6% of the trust's value every 10 years it continues, and an exit charge when assets leave the trust — each needs weighing against the trust's actual benefit.
Trusts for disabled persons / bereaved minors
exempt from the aboveTrusts set up for a disabled person, or for a bereaved minor after a parent's death, are exempt from the ongoing trust charges above.
A genuinely favourable exception to the relevant property regime, recognising that these trusts exist for care and protection rather than tax planning — worth knowing if a beneficiary you're providing for is disabled or a child who has lost a parent.
Paying the bill
When Inheritance Tax is due
6 monthsThe tax bill is due within 6 months of the end of the month someone died — after that, interest starts.
Interest accrues even if probate itself is still being sorted out, which is one reason a house or business tied up in an illiquid estate can be a genuine cash-flow problem for executors.
Paying in instalments
up to 10 yearsTax on property, a business, or certain farmland can be spread over 10 years instead of paid as one lump sum.
Useful specifically because these assets are illiquid — instalments avoid a forced, rushed sale purely to raise cash for the tax bill. Interest may still apply depending on the asset.
Direct Payment Scheme
pre-probate accessSome banks will pay Inheritance Tax straight to HMRC from the deceased's account before probate is even granted.
Solves the common chicken-and-egg problem where an estate's bank accounts are frozen pending probate, but probate itself often can't be granted until the tax bill is settled.
Excepted estates
simplified reportingMany straightforward, lower-value estates don't need to file a full IHT400 account at all.
Reporting requirements for simple estates well within the nil-rate band (or otherwise clearly exempt) have been simplified in recent years, often needing only the probate application itself rather than a separate full account. The exact thresholds and conditions are set by HMRC and can change, so check current guidance rather than assuming. This tool flags when your estate looks like it may qualify, based on tax due and your combined nil-rate bands — a rough signal, not a definitive check, since the real HMRC conditions also depend on specified transfers, foreign assets and trust interests it doesn't track.
Who Inheritance Tax applies to
Domicile → long-term UK residence
changed 6 April 2025Whether your worldwide estate is taxed by the UK now depends on your residence history, not the older idea of "domicile".
Broadly, you're now in scope as a "long-term UK resident" if you've been UK-resident for at least 10 of the last 20 tax years. This also changed how excluded-property trusts work for anyone who previously relied on non-domiciled status — if this could affect you, it's worth checking your specific position.
ISAs
fully taxableAn ISA wrapper protects you from Income Tax and Capital Gains Tax — not Inheritance Tax.
The full value remains part of your taxable estate on death. One narrow exception: AIM-listed shares held inside an ISA can separately qualify for Business Relief. A surviving spouse or civil partner can also inherit an extra ISA allowance (the "Additional Permitted Subscription"), but that preserves the ISA wrapper for them — it doesn't reduce Inheritance Tax.
Deed of Variation
within 2 yearsYour beneficiaries can, after your death, agree to redirect their inheritance and have it treated as if you'd left it that way originally.
Must be done within 2 years of death, with the agreement of everyone who'd otherwise benefit. It's a decision your family makes after the fact, not something you can set up in advance — but useful to know as an option, for example to redirect an inheritance straight to grandchildren or to charity.
The law — Inheritance Tax Act 1984, s.142(1)
“Where within the period of two years after a person's death—(a) any of the dispositions (whether effected by will, under the law relating to intestacy or otherwise) of the property comprised in his estate immediately before his death are varied, or (b) the benefit conferred by any of those dispositions is disclaimed, by an instrument in writing made by the persons or any of the persons who benefit or would benefit under the dispositions, this Act shall apply as if the variation had been effected by the deceased or, as the case may be, the disclaimed benefit had never been conferred.”Inheritance Tax Act 1984, s.142(1) · legislation.gov.uk ↗
Further reading
Official and independent sources behind the rules above:
- GOV.UK: Inheritance Tax ↗
- GOV.UK: Inheritance Tax on gifts ↗
- HMRC Manual: Normal expenditure out of income ↗
- GOV.UK: Agricultural and Business Property Relief reforms ↗
- GOV.UK: Inheritance Tax on pensions from 2027 ↗
Want to see how these apply to your own estate? Legacy Protector's simulator works these rules through against your actual assets, allocations and strategies.