How To Avoid Paying Inheritance Tax
Avoiding or minimizing inheritance tax (also called estate tax or death duty in some regions) legally involves strategic planning. Here’s a breakdown of common and legal methods to reduce or avoid inheritance tax, especially in places like the UK and the US, where the rules differ significantly.
🇬🇧 In the United Kingdom
1. Use the Nil-Rate Band
- Everyone has a £325,000 tax-free allowance.
- Anything above that is taxed at 40%.
- If you leave your estate to a spouse or civil partner, there’s no tax.
2. Residence Nil-Rate Band (RNRB)
- An additional £175,000 allowance if you pass your home to a direct descendant.
- Can be transferred to a spouse, doubling to £1 million for a couple.
3. Gifting
- Gifts made more than 7 years before death are tax-free.
- Gifts within 7 years may be taxed on a sliding scale (“taper relief”).
- Annual exemption: you can give away £3,000 per year tax-free.
- Small gifts (up to £250) are exempt if given to different individuals.
4. Use of Trusts
- Putting assets into a trust removes them from your estate, though rules are complex and may still attract charges.
- Discretionary trusts or bare trusts are commonly used.
5. Charitable Donations
- Leave 10% of your estate to charity to reduce inheritance tax rate from 40% to 36%.
6. Life Insurance Policies
- A policy written in trust pays out outside your estate and can cover inheritance tax costs.
🇺🇸 In the United States
1. Use the Estate Tax Exemption
- For 2024, the federal exemption is $13.61 million per person ($27.22 million for couples).
- Amounts above this are taxed at up to 40%.
- Use of lifetime gift exemptions also helps reduce estate value.
2. Annual Gift Tax Exclusion
- You can give up to $18,000 per person per year tax-free (2024).
- No limit on number of recipients.
3. Irrevocable Trusts
- Assets in an Irrevocable Life Insurance Trust (ILIT) or Grantor Retained Annuity Trust (GRAT) are removed from your estate.
- Popular for large estates to avoid future tax burdens.
4. Charitable Giving
- Charitable Remainder Trusts (CRTs) or foundations can reduce the taxable estate while giving you income during life.
5. Spousal Transfers
- Unlimited tax-free transfers to a U.S. citizen spouse.
- Use of Portability Election ensures unused exemption transfers to spouse.
General Advice
✅ Start Early – Many strategies (like gifting or trusts) require years to be effective.
✅ Keep Good Records – HMRC and IRS scrutinize gifts and transfers.
✅ Get Professional Help – Tax laws are complex and change often; consult an estate planner or tax attorney.