Understanding the Basics of Inheritance Tax and ISAs
Individual Savings Accounts (ISAs) are one of the most popular tax-efficient savings vehicles in the UK. They offer protection from Income Tax and Capital Gains Tax on investments and savings. However, when it comes to Inheritance Tax (IHT), the situation is more complicated. Despite the favourable tax treatment ISAs receive during a person’s lifetime, they are not fully exempt from IHT. This means that under certain conditions, ISAs can contribute to the overall estate value, which may then become subject to IHT when passed on to beneficiaries.
What Is Inheritance Tax (IHT)?
Inheritance Tax in the UK is a tax on the estate of someone who has passed away. The estate includes money, property, and personal possessions. As of the 2024/25 tax year, the standard IHT threshold (known as the "nil-rate band") is £325,000, meaning any part of the estate valued above this amount is taxed at 40%. There is also an additional main residence nil-rate band of £175,000 if the deceased is passing their home to direct descendants like children or grandchildren. This gives individuals a combined potential IHT allowance of £500,000, and for married couples or civil partners, this can be doubled to £1 million.
Are ISAs Subject to Inheritance Tax?
One common misconception is that ISAs, due to their tax-free status during life, are automatically exempt from IHT. In reality, ISAs are included in the estate when someone dies. This means that if the value of the estate, including the ISAs, exceeds the IHT threshold, then 40% tax may be payable on the value above that limit. For instance, if someone dies with £100,000 in ISAs and a total estate value of £600,000, IHT would be charged on the amount above the nil-rate band threshold of £325,000.
The Special Case for Spouses and Civil Partners
An important exception exists for married couples and civil partners. If an ISA holder passes away and leaves their assets to their spouse or civil partner, there is no IHT to pay at this stage. The surviving partner can inherit the ISA under the Additional Permitted Subscription (APS) rule. Introduced in 2015, APS allows the surviving spouse or civil partner to inherit the deceased’s ISA value and continue benefiting from the tax advantages. This means that while the ISA will still form part of the deceased’s estate, no IHT will be due, and the tax-free status of the ISA can be maintained by the surviving partner.
For example, if an individual passes away with £80,000 in their ISA, the spouse or civil partner can inherit that amount and add it to their own ISA allowance, preserving the tax benefits. However, it’s important to note that when the surviving spouse passes away, their entire estate, including the inherited ISA, may be subject to IHT if it exceeds the relevant thresholds.
How Long Can an ISA Remain Open After Death?
According to HMRC guidelines, an ISA can continue to exist after the account holder’s death for up to three years and one day or until the executor or administrator of the estate closes it. During this period, the ISA remains tax-efficient, meaning there is no Income Tax or Capital Gains Tax payable on any growth or interest earned during this time. However, once the estate is settled, the ISA will be included in the overall estate value for IHT purposes.
Planning Ahead: Efficient Estate Planning with ISAs
Given that ISAs are subject to IHT, individuals who have accumulated significant ISA savings should consider estate planning strategies to mitigate the potential tax liability for their beneficiaries. For instance, gifting assets to family members or using trusts to manage wealth transfer can be considered. Furthermore, beneficiaries of ISAs who are not spouses or civil partners will not benefit from the APS allowance, meaning they may need to pay IHT on any inherited ISA funds above the nil-rate threshold.
While there are no direct ways to shelter ISAs from IHT fully, efficient use of other IHT reliefs, such as Business Relief (for qualifying investments like certain shares on the Alternative Investment Market), can help reduce the overall tax burden. However, these options come with their own risks and complexities, often requiring professional financial advice.
While ISAs provide significant tax advantages during an individual’s life, they are not exempt from Inheritance Tax in the UK. Spouses and civil partners do benefit from some special provisions like APS, but other beneficiaries will find ISAs included in the estate's value for IHT purposes. For those with substantial ISA investments, careful estate planning is essential to ensure their loved ones are not left with an unexpected tax bill.
Strategies to Minimise Inheritance Tax on ISAs
Now that we’ve established that ISAs are not exempt from Inheritance Tax (IHT) in the UK, it’s essential to explore the various strategies available to minimise the tax liability associated with passing on ISAs to beneficiaries. For individuals with significant ISA holdings, the key lies in efficient estate planning and understanding the range of available options that can help reduce or defer IHT.
Making Use of the Additional Permitted Subscription (APS)
The most straightforward way to protect your ISA from IHT is through the Additional Permitted Subscription (APS). As previously mentioned, APS allows a surviving spouse or civil partner to inherit the value of the deceased partner’s ISA without losing the tax advantages. The APS effectively boosts the surviving partner’s own ISA allowance, allowing them to add the inherited ISA value to their tax-free savings.
For example, let’s say a couple has combined ISAs worth £200,000, and one partner passes away. Under APS, the surviving spouse could inherit their partner’s ISA allowance and thus avoid any immediate tax implications, effectively doubling their own ISA value. While this is not a permanent solution for avoiding IHT (since the tax will apply upon the second spouse’s death if the estate exceeds the nil-rate band), it offers considerable flexibility and tax savings for the surviving partner.
Gifting Assets During Your Lifetime
Another effective strategy for reducing the IHT burden is to gift assets during your lifetime. While ISAs themselves cannot be directly transferred to beneficiaries during the account holder’s life without losing their tax-free status, other assets from the estate can be gifted. By making gifts while still alive, individuals can reduce the size of their estate, thereby lowering the potential IHT liability.
UK law allows for several tax-free gifting allowances:
Individuals can give away up to £3,000 each tax year as a gift without it being added to the value of their estate.
Gifts made from surplus income, provided they do not affect the donor’s standard of living, are also exempt from IHT.
Small gifts of up to £250 can be made to as many individuals as you like without incurring IHT, although this allowance cannot be combined with the £3,000 annual exemption for the same individual.
For larger gifts, there is a seven-year rule, which means that if you survive for seven years after making the gift, it becomes exempt from IHT. If you die within seven years, the gift may still be taxed on a sliding scale (known as "taper relief"), which reduces the amount of tax payable the longer you survive after the gift is made.
Using Trusts for Inheritance Planning
Trusts offer another way to manage the distribution of assets and potentially reduce IHT. When assets, including cash and investments, are placed in a trust, they are no longer considered part of the settlor’s estate, potentially lowering the IHT bill. While ISAs themselves cannot be placed into trusts without losing their tax-free status, cash and other investments outside of ISAs can be transferred into a trust.
There are various types of trusts available for estate planning, each with its own tax implications. For example:
Discretionary trusts give trustees the flexibility to distribute assets according to the settlor’s wishes. These trusts are often used when the beneficiaries are minors or when the settlor wants to ensure the beneficiaries receive the assets over time rather than all at once.
Bare trusts, on the other hand, give beneficiaries an immediate right to the assets, and the trust is treated as part of the beneficiary’s estate for tax purposes, which may limit its IHT-reducing potential.
Trusts can be a complex estate planning tool, and it’s recommended that individuals seek professional legal and financial advice to ensure they are used correctly.
Investments That Qualify for Business Relief
For individuals with substantial wealth held in ISAs, another potential way to mitigate IHT is to invest in assets that qualify for Business Relief (BR). Certain shares, particularly those listed on the Alternative Investment Market (AIM), are exempt from IHT if held for at least two years. Business Relief allows qualifying business assets to be passed on free of IHT, making it an attractive option for investors looking to reduce their estate’s tax liability.
While AIM shares can be held within ISAs, thus benefiting from both Income Tax and Capital Gains Tax reliefs during the individual’s lifetime, their qualification for Business Relief upon death is what makes them particularly appealing from an IHT perspective. However, AIM shares are generally more volatile and carry higher risks than investments in larger, more established companies. Therefore, investors should consider their risk tolerance and investment objectives carefully before allocating a portion of their ISA portfolio to AIM stocks.
Downsizing and the Residence Nil-Rate Band
In addition to the standard nil-rate band, the residence nil-rate band (RNRB) offers further IHT relief for estates that include a main residence. As of 2024, this allows an additional £175,000 to be passed on tax-free, provided the home is left to direct descendants (children or grandchildren). For couples, the combined RNRB can reach £350,000, bringing the total potential tax-free threshold (including the standard nil-rate band) to £1 million.
For individuals whose estate is primarily composed of property and ISAs, downsizing to a smaller property and using the proceeds to make gifts or invest in tax-efficient vehicles can reduce the size of the estate and help minimise IHT. However, it’s important to note that the RNRB tapers off for estates valued over £2 million, reducing the relief available.
Using Pensions to Reduce IHT
One effective way to mitigate the impact of IHT on ISAs is to strategically use pensions. Unlike ISAs, most pensions are not subject to IHT, making them a valuable tool in estate planning. By prioritising withdrawals from ISAs during retirement and leaving pension assets untouched for as long as possible, individuals can reduce the size of their taxable estate while preserving assets that are not subject to IHT.
For instance, if an individual draws income from their ISA to cover living expenses, they can leave their pension untouched and pass it on to beneficiaries IHT-free. This approach not only reduces the taxable estate but also ensures that tax-efficient savings are maximised for future generations.
Efficient estate planning is crucial for individuals with significant ISA holdings to minimise the impact of Inheritance Tax. From making use of the Additional Permitted Subscription to exploring options such as trusts, Business Relief, and strategic pension withdrawals, there are several ways to reduce the potential tax burden on ISAs. However, each of these strategies comes with its own risks and complexities, and professional advice is essential to ensure they are implemented effectively.
The Role of ISAs in Retirement and Estate Planning
As we’ve established in the previous sections, while ISAs offer significant tax benefits during a person’s lifetime, they are not inherently exempt from Inheritance Tax (IHT). However, ISAs remain a powerful tool in both retirement and estate planning, particularly when used strategically in conjunction with other financial vehicles such as pensions and trusts. In this section, we’ll explore how ISAs can be incorporated into retirement strategies and the various ways individuals can ensure their beneficiaries are not unduly burdened by IHT.
Using ISAs for Retirement Income
One of the main reasons ISAs are so popular in the UK is their flexibility in retirement. Unlike pensions, which often have restrictions on when and how funds can be withdrawn, ISAs allow for tax-free withdrawals at any time, making them an ideal source of income in retirement. This flexibility is particularly useful for those looking to supplement their pension income without incurring additional Income Tax or Capital Gains Tax.
For example, an individual who retires at age 65 and has accumulated a sizeable ISA fund can draw on this money tax-free to cover living expenses. This can be particularly beneficial in the early years of retirement before accessing a pension. Moreover, because ISAs do not count as taxable income, retirees can potentially avoid moving into higher tax brackets, thereby reducing their overall tax burden.
Strategic Withdrawals: Minimising IHT While Maximising ISA Benefits
A key element of estate planning involves deciding how to draw down on assets to minimise tax liability while ensuring sufficient income during retirement. One strategy commonly recommended by financial advisors is to draw down from ISAs before pensions. This is because pensions, unlike ISAs, are usually exempt from IHT, making them a valuable asset to leave to beneficiaries.
By using ISAs to fund retirement expenses and leaving pensions untouched, individuals can reduce the value of their estate and potentially avoid or minimise IHT. This approach works particularly well for individuals whose estates are likely to exceed the nil-rate band threshold (£325,000 or £500,000 with the residence nil-rate band).
For example, consider a retiree with a £300,000 pension pot and £150,000 in ISAs. If they use their ISAs to cover living expenses, their pension can remain untouched and passed on to beneficiaries IHT-free, as pensions do not form part of the taxable estate. This strategy can be especially useful for those with large estates, as it allows them to reduce the value of their estate without losing the tax-free benefits of ISAs during their lifetime.
The Role of Business Relief in ISAs and Estate Planning
As previously mentioned, Business Relief (BR) can be a valuable tool for reducing IHT liability. Certain investments held within an ISA, particularly shares listed on the Alternative Investment Market (AIM), may qualify for Business Relief. Investments that qualify for BR are exempt from IHT if they are held for at least two years before death. This can be an attractive option for those looking to reduce their estate's value while maintaining tax-efficient growth.
However, it’s important to note that AIM shares can be volatile, and not all AIM-listed companies qualify for Business Relief. Investors considering this route should be aware of the risks involved and seek professional advice to ensure that the investments they choose will be eligible for BR and that they align with their overall financial goals.
For individuals with larger estates, incorporating Business Relief-qualifying investments within an ISA can be a highly effective way to reduce IHT. However, because AIM shares tend to be riskier than more traditional investments, it’s crucial that investors fully understand the potential downsides and structure their portfolio accordingly.
Passing on ISAs to Non-Spouse Beneficiaries
While the Additional Permitted Subscription (APS) allows a spouse or civil partner to inherit ISAs without losing their tax-free status, beneficiaries who are not spouses or civil partners do not receive the same benefit. Upon the death of the ISA holder, the ISA is closed, and any tax-free status is lost. The value of the ISA is then included in the estate and may be subject to IHT if the total estate value exceeds the nil-rate band.
For example, if an individual leaves a £100,000 ISA to their child, and their total estate value is £400,000, the portion of the estate above the £325,000 nil-rate band (i.e., £75,000) would be subject to IHT at a rate of 40%. This would result in an IHT liability of £30,000, which the beneficiary would be responsible for.
Given these limitations, individuals looking to pass on ISAs to beneficiaries other than their spouse or civil partner should explore other strategies to reduce their estate’s value and minimise the IHT burden. This might involve making lifetime gifts, setting up trusts, or exploring investments that qualify for Business Relief, as discussed earlier.
How Pensions Can Complement ISAs in Estate Planning
Pensions are one of the most powerful tools available for reducing IHT liability, as they are generally not considered part of the taxable estate. For individuals with both ISAs and pensions, a common strategy is to use ISAs for retirement income and preserve pensions for inheritance purposes.
Under current UK rules, pensions can be passed on tax-free if the individual dies before the age of 75. After age 75, the pension is subject to Income Tax when withdrawn by the beneficiary, but it remains outside the scope of IHT. This makes pensions an attractive vehicle for passing on wealth to future generations.
For individuals who are concerned about IHT, the combination of ISAs and pensions can be used strategically to maximise tax efficiency. By drawing down ISAs in retirement and leaving pensions untouched, individuals can reduce their taxable estate while preserving assets that can be passed on to beneficiaries without triggering IHT.
Taking Advantage of the Residence Nil-Rate Band
For individuals with significant property assets, the Residence Nil-Rate Band (RNRB) offers an additional £175,000 of IHT allowance, provided the family home is passed to direct descendants such as children or grandchildren. This brings the total potential IHT-free allowance to £500,000 per individual, or £1 million for a couple.
For those with a mix of property, ISAs, and pensions, the key to effective estate planning is to balance these assets in a way that maximises the use of the RNRB and other allowances. By combining the RNRB with efficient use of ISAs and pensions, individuals can significantly reduce their IHT liability and ensure that their beneficiaries receive the maximum possible inheritance.
ISAs play a crucial role in both retirement and estate planning, offering flexibility, tax-free growth, and income. However, when it comes to inheritance, careful planning is essential to minimise the impact of IHT. By strategically using ISAs in conjunction with pensions, trusts, and other IHT reliefs such as Business Relief, individuals can ensure that their estate is passed on to their beneficiaries in the most tax-efficient manner possible.
Advanced Strategies for Minimising Inheritance Tax on ISAs
In the previous sections, we explored some of the basic strategies available to mitigate Inheritance Tax (IHT) on ISAs, such as the use of Additional Permitted Subscription (APS), gifting during a person’s lifetime, and using pensions strategically. In this section, we will dive deeper into more advanced estate planning tools and financial products that can help manage the IHT liability associated with ISAs.
Using Trusts for More Complex Estate Planning
For individuals with complex estates or significant wealth, trusts can offer a way to manage how their assets are distributed after death and potentially reduce the impact of IHT. While ISAs themselves cannot be placed in a trust without losing their tax advantages, other assets outside of ISAs can be effectively managed through trust structures to lower the estate's overall IHT liability.
Trusts allow individuals to retain control over how their wealth is passed on to beneficiaries while also providing flexibility in terms of when and how the assets are distributed. Two common types of trusts that are often used in estate planning include
Discretionary Trusts and Bare Trusts:
Discretionary Trusts: These allow trustees to have discretion over how the assets within the trust are distributed to beneficiaries. This flexibility is useful for managing long-term wealth distribution, especially if the beneficiaries are young or if there are concerns about their ability to manage large sums of money.
Bare Trusts: These trusts immediately vest the assets in the beneficiaries, meaning the assets are considered part of the beneficiaries' estate for tax purposes. This type of trust may not be as beneficial for reducing IHT liability but can still provide a controlled way to pass on assets.
It's important to note that while trusts can be a useful tool for managing IHT, they are subject to their own tax rules, such as the trust entry charge (a 20% charge on assets over the nil-rate band) and ongoing charges every ten years. Professional advice is essential when considering the use of trusts, as they can be complex and require careful planning to ensure they are set up correctly.
Business Relief Investments Within ISAs
As discussed earlier, Business Relief (BR) can offer significant IHT savings, particularly when holding shares in companies listed on the Alternative Investment Market (AIM). While investing in AIM shares can be riskier than traditional blue-chip stocks, the potential tax benefits make it a worthwhile consideration for individuals with larger estates.
Business Relief allows certain investments to be passed on free of IHT if they qualify under specific conditions. The investment must be held for at least two years, and the company must meet criteria set by HMRC to qualify for BR. While it’s possible to hold AIM shares within an ISA, not all AIM shares will qualify for Business Relief, so careful selection is essential.
Here’s a breakdown of the process:
Selecting Qualifying AIM Shares: Investors should work with a financial advisor to ensure that the shares they choose within their ISA qualify for Business Relief. The qualifying status of AIM shares depends on several factors, including the company’s activities and how long the shares are held.
Holding Period Requirement: To qualify for Business Relief, the AIM shares must be held for a minimum of two years before they become exempt from IHT. If the shares are sold or transferred within this period, they may not qualify for relief.
This strategy is typically suited to individuals with a higher risk tolerance, as AIM shares can be volatile. It’s essential to have a diversified portfolio to balance the potential risks associated with these investments.
Making Lifetime Gifts to Reduce Estate Value
Another powerful strategy for reducing IHT liability is to make use of lifetime gifts. By gifting assets to beneficiaries while still alive, individuals can reduce the size of their estate and thus lower the potential IHT liability. However, the rules surrounding lifetime gifts can be complex, and it's important to understand how they interact with IHT:
Annual Gift Allowance: Each person in the UK can gift up to £3,000 per year without the gift being added to the value of their estate for IHT purposes. This is known as the annual exemption. If no gifts are made in one tax year, the allowance can be carried forward to the next year, meaning up to £6,000 can be gifted tax-free.
Small Gifts: In addition to the annual exemption, individuals can give small gifts of up to £250 per person to as many people as they like without the gifts being added to the estate for IHT purposes.
Potentially Exempt Transfers (PETs): For larger gifts, the seven-year rule applies. If the gift is made at least seven years before the individual’s death, it becomes exempt from IHT. If the individual dies within seven years of making the gift, the value of the gift will be added to the estate, and taper relief may apply, reducing the IHT liability depending on how long the person survives after making the gift.
Combining ISAs with Pension Withdrawals
For individuals planning their retirement and inheritance, combining the strategic use of ISAs and pensions can provide significant tax benefits. Since pensions are typically exempt from IHT, using ISAs to cover living expenses during retirement and preserving pension assets for inheritance purposes can be a smart move.
Pensions, particularly defined contribution pensions, offer considerable flexibility in estate planning:
Passing on Pensions: If an individual dies before the age of 75, their pension can be passed on to beneficiaries without any tax being payable, provided the funds are within certain limits. After age 75, the pension is subject to Income Tax when withdrawn by the beneficiary, but remains outside the scope of IHT.
Drawdown Flexibility: Many pension schemes offer drawdown options, allowing retirees to take income as needed while leaving the remainder of the pension untouched. This can be particularly useful for individuals who wish to minimise their IHT liability by drawing on ISAs first and preserving their pension assets.
By using ISAs to cover day-to-day expenses in retirement, individuals can reduce the value of their estate, potentially avoiding IHT, while ensuring that their pensions remain intact to be passed on to future generations.
Taking Professional Financial Advice
Given the complexity of IHT planning and the specific rules around ISAs, Business Relief, and trusts, professional advice is invaluable. Financial advisors and estate planning specialists can help individuals navigate the options available and create a tailored plan that maximises the tax efficiency of their assets.
Some of the key areas where financial advice can be particularly helpful include:
Assessing the risk of Business Relief investments and ensuring that any AIM shares held within ISAs are suitable for the individual’s risk tolerance and financial goals.
Setting up trusts: Trusts can be an effective way to manage and protect assets for future generations, but they come with their own set of tax rules and requirements. A professional advisor can help ensure that trusts are set up correctly and managed in a tax-efficient manner.
Gifting strategies: Deciding when and how to make gifts to beneficiaries requires careful planning, particularly if the individual is close to the IHT threshold. Advisors can help structure gifts to maximise the available exemptions and ensure that the seven-year rule is effectively utilized.
As we’ve seen, there are a number of advanced strategies available to reduce the IHT liability associated with ISAs. Whether it’s making use of Business Relief, setting up trusts, or strategically combining ISAs with pensions, individuals have several options for managing their estates in a tax-efficient manner. However, given the complexity of IHT and estate planning, professional advice is essential to ensure that these strategies are implemented correctly and effectively.
Practical Tips for Managing ISAs and Inheritance Tax
In the previous sections, we discussed how ISAs are included in the estate for Inheritance Tax (IHT) purposes, strategies to mitigate the tax liability, and the role ISAs play in retirement and estate planning. Now, in this final section, we’ll bring all the insights together and provide practical tips for UK taxpayers looking to manage their ISAs in a way that reduces the burden of IHT for their beneficiaries.
Understanding the Full Implications of IHT on ISAs
While ISAs offer significant tax benefits during life—such as protection from Income Tax and Capital Gains Tax—their inclusion in the estate for IHT purposes often surprises many ISA holders. ISAs do not enjoy the same exemption status as pensions, and when the value of your estate (including ISAs) exceeds the £325,000 nil-rate band, a 40% IHT charge can be applied to the excess amount. For estates that include property, the additional residence nil-rate band of £175,000 can increase the total allowance to £500,000 per individual or £1 million for married couples and civil partners.
Given this, it’s critical for individuals with significant ISA savings to be proactive in managing their estate to minimise IHT liability.
Maximise the Use of Additional Permitted Subscription (APS)
One of the simplest ways to protect ISAs from IHT is by taking advantage of the Additional Permitted Subscription (APS), which allows a spouse or civil partner to inherit the deceased’s ISA value without losing the tax advantages. Here’s how it works:
The surviving spouse or civil partner can inherit the ISA's tax-free status, enabling them to retain the tax benefits for their lifetime. This includes the ability to add the value of the deceased's ISA to their own tax-free allowance, increasing their savings while avoiding an immediate IHT charge.
For example, if the deceased’s ISA was worth £100,000, the surviving spouse can make a one-time additional subscription of £100,000 into their own ISA, in addition to the annual contribution limit of £20,000.
Invest in Business Relief-Eligible AIM Shares
For individuals with higher risk tolerance, investing in shares listed on the Alternative Investment Market (AIM) that qualify for Business Relief (BR) can be an effective way to reduce IHT on ISAs. These shares can be held within an ISA, and after being held for at least two years, they become exempt from IHT.
This strategy works best for investors who are comfortable with the inherent volatility of AIM stocks and who are willing to accept the additional risk for the potential IHT savings. However, it’s essential to consult a financial advisor to ensure that the AIM shares you choose meet the criteria for Business Relief and align with your overall financial goals.
Make Use of Lifetime Gifts
One of the most effective ways to reduce the value of your estate and thus the IHT liability is by making lifetime gifts. While ISAs themselves cannot be gifted without losing their tax-free status, individuals can gift other assets to reduce the size of their estate:
Annual Gift Allowance: Each tax year, individuals can give away up to £3,000 without it being included in their estate for IHT purposes. If the previous year's allowance wasn’t used, up to £6,000 can be gifted tax-free.
Small Gifts: Up to £250 can be gifted to any number of people, provided no other exemptions are used for the same recipient.
Potentially Exempt Transfers (PETs): Larger gifts can become exempt from IHT if the donor survives for seven years after the gift is made. This is an excellent way to reduce the overall estate value, but it requires careful planning to ensure that the donor lives long enough for the gifts to become fully exempt from IHT.
Use ISAs Strategically in Retirement
To reduce the value of the estate subject to IHT, one common strategy is to draw down ISAs first for retirement income, while preserving other assets, such as pensions, that are not subject to IHT. Since pensions typically fall outside of the estate for IHT purposes, this allows individuals to reduce their taxable estate while preserving tax-efficient assets for inheritance.
For example, by using ISAs to fund living expenses, retirees can keep their pension intact and pass it on to their beneficiaries IHT-free, as pensions are usually exempt from IHT. This strategy can be particularly useful for individuals whose estate is likely to exceed the IHT threshold.
Plan with the Residence Nil-Rate Band
For individuals who own property, the Residence Nil-Rate Band (RNRB) offers additional IHT relief, allowing for an additional £175,000 to be passed on tax-free, provided the home is left to direct descendants (children or grandchildren). For a couple, this can increase the total IHT-free allowance to £1 million.
However, the RNRB is tapered for estates valued over £2 million, so individuals with larger estates may need to consider how best to balance property, ISAs, and other assets to ensure they make the most of the available relief.
Seek Professional Advice
Given the complexities of IHT and estate planning, it’s crucial to seek professional financial advice. A financial advisor can help structure your estate in the most tax-efficient way, ensuring that your ISAs and other assets are passed on to your beneficiaries with minimal tax liability.
Professional advice is particularly valuable when navigating:
Investments in AIM shares that qualify for Business Relief
Setting up trusts to manage and distribute assets in a tax-efficient manner
Gifting strategies to ensure that assets are transferred to beneficiaries in the most tax-efficient way possible
While ISAs are not exempt from Inheritance Tax in the UK, there are several strategies available to minimise the IHT liability. Whether it's making use of the Additional Permitted Subscription for spouses, investing in Business Relief-eligible AIM shares, or strategically using ISAs in retirement while preserving pensions for inheritance purposes, UK taxpayers have a variety of tools at their disposal. Careful estate planning and seeking professional advice are essential to ensure that ISAs and other assets are passed on in the most tax-efficient way possible.
By implementing these strategies and understanding the complex rules surrounding ISAs and IHT, individuals can better protect their wealth and ensure that more of it goes to their beneficiaries rather than being lost to taxes.
FAQs
Can ISAs be transferred to beneficiaries other than a spouse or civil partner?
Yes, ISAs can be left to beneficiaries, but they lose their tax-free status upon death if the beneficiary is not a spouse or civil partner.
What happens to the tax benefits of an ISA if the account holder dies?
The ISA tax benefits end on death, and the ISA becomes part of the deceased's taxable estate.
Is there a way to retain ISA tax benefits for non-spousal beneficiaries?
No, there is no way for non-spousal beneficiaries to inherit the tax-free benefits of ISAs.
Can you transfer an ISA to a child after death?
Yes, but the tax benefits of the ISA are lost, and it becomes part of the estate subject to IHT if over the threshold.
How can Business Relief help reduce IHT on ISAs?
Investing in AIM shares that qualify for Business Relief can reduce the IHT liability, as they become exempt from IHT if held for two years before death.
Do Junior ISAs have the same IHT rules as adult ISAs?
Yes, Junior ISAs are also included in the estate for IHT purposes when the account holder dies.
Are Lifetime ISAs (LISAs) subject to IHT?
Yes, Lifetime ISAs are also included in the estate and are subject to IHT like other types of ISAs.
Can you hold AIM shares within a Stocks & Shares ISA to reduce IHT?
Yes, AIM shares can be held within a Stocks & Shares ISA, and if they qualify for Business Relief, they may become exempt from IHT.
Can you place ISAs into a trust to avoid IHT?
No, placing an ISA into a trust would cause it to lose its tax-free status.
Is there a deadline for transferring an ISA to a surviving spouse after death?
There is no strict deadline, but it’s recommended to use the APS as soon as possible to retain the ISA benefits.
Do withdrawals from an ISA during lifetime reduce IHT liability?
Yes, by withdrawing and spending ISA funds, you reduce the size of your estate and potentially avoid exceeding the IHT threshold.
Does taper relief apply to ISAs in the same way as other gifts for IHT purposes?
No, taper relief applies to gifts made during lifetime, not ISAs which are part of the estate at death.
Can foreign ISAs be subject to UK Inheritance Tax?
Yes, if the account holder is domiciled in the UK, their worldwide assets, including foreign ISAs, can be subject to IHT.
Are there any exemptions to IHT on ISAs if left to grandchildren?
No, the standard IHT rules apply if ISAs are left to grandchildren, meaning they are included in the estate value.
Can you take out life insurance to cover IHT on ISAs?
Yes, life insurance policies can be taken out to cover the potential IHT liability on ISAs and other assets in the estate.
Do ISAs held in a discretionary portfolio have the same IHT treatment?
Yes, ISAs within discretionary portfolios are still part of the estate and subject to IHT unless left to a spouse.
Can a power of attorney manage ISAs for an account holder who is incapacitated?
Yes, but the ISA cannot be transferred or gifted without losing its tax-free status, and IHT will still apply at death.
Are withdrawals from ISAs tax-free after death if passed on to a spouse?
Yes, if the surviving spouse uses the APS to inherit the ISA, withdrawals remain tax-free.
Do you need probate to transfer an ISA to a spouse?
Yes, probate is typically required to transfer an ISA after the account holder’s death.
Can a self-invested personal pension (SIPP) be more tax-efficient than an ISA for IHT purposes?
Yes, SIPPs are generally exempt from IHT, making them a more tax-efficient vehicle for inheritance than ISAs.
Are withdrawals from an ISA subject to IHT if the account holder dies?
Any withdrawals made before death are tax-free, but the remaining balance in the ISA is part of the estate and may be subject to IHT.
Can you transfer an ISA from one provider to another after death?
No, ISAs cannot be transferred to a new provider after death; they must be either closed or transferred to a surviving spouse’s account.
Does the estate pay IHT on ISAs held in cash vs. stocks?
Both cash and Stocks & Shares ISAs are included in the estate for IHT purposes.
Can a surviving spouse inherit the ISA if they don’t live in the UK?
Yes, the spouse can inherit the ISA and benefit from APS, but local tax laws in their country may affect the ISA's tax treatment.
Is there a tax advantage to withdrawing ISA funds before death?
Yes, withdrawing and using ISA funds before death can reduce the estate's value and potentially lower the IHT liability.
How does IHT apply to ISAs when an individual dies intestate?
If there’s no will, ISAs are distributed according to the rules of intestacy and are included in the estate for IHT purposes.
Can an ISA be inherited by multiple beneficiaries?
Yes, an ISA can be divided among multiple beneficiaries, but the tax-free status is lost, and it will form part of the estate for IHT.
Can you convert an ISA into a pension to avoid IHT?
No, ISAs cannot be converted into pensions, but using ISAs for retirement income while preserving a pension can reduce IHT exposure.
Are Innovative Finance ISAs subject to IHT?
Yes, Innovative Finance ISAs (IFISAs) are included in the estate for IHT purposes.
Can you combine multiple ISAs into one before death to simplify inheritance?
No, combining ISAs will not affect their IHT treatment, as all ISAs are part of the estate for IHT purposes regardless of how they are held.
Can you avoid IHT by holding offshore ISAs?
No, ISAs held offshore are still subject to IHT if the account holder is UK domiciled.
What happens to a Stocks & Shares ISA if the investments lose value after death?
The value of the ISA at the time of death is included in the estate for IHT purposes, regardless of subsequent gains or losses.
Can ISAs be passed to a charitable trust to avoid IHT?
Yes, leaving ISAs to a registered charity can exempt them from IHT.
Does a surviving spouse need to claim APS immediately after death?
No, there is no immediate need to claim APS, but it’s advisable to act sooner to retain the ISA tax benefits.
Do ISAs count toward the £2 million threshold for the residence nil-rate band taper?
Yes, ISAs are included in the estate value when calculating whether the £2 million threshold is breached, which reduces the residence nil-rate band.
Can you invest in Business Relief shares after death to avoid IHT on ISAs?
No, Business Relief investments must be held for at least two years before death to qualify for IHT exemption.
Do non-UK residents pay IHT on ISAs?
If the deceased is UK domiciled, ISAs are subject to IHT regardless of the residency of the beneficiaries.
Can a deed of variation affect how ISAs are taxed for IHT?
Yes, a deed of variation can change how assets, including ISAs, are distributed and potentially reduce the IHT liability.
Can ISAs be used to pay for IHT?
Yes, ISAs can be used to settle the IHT bill, but the tax-free status is lost when they are included in the estate.
Are there any special IHT exemptions for ISAs in Scotland?
No, the IHT rules for ISAs in Scotland are the same as in the rest of the UK.
Disclaimer:
The information provided in our articles is for general informational purposes only and is not intended as professional advice. While we strive to keep the information up-to-date and correct, Pro Tax Accountant makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained in the articles for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
We encourage all readers to consult with a qualified professional before making any decisions based on the information provided. The tax and accounting rules in the UK are subject to change and can vary depending on individual circumstances. Therefore, Pro Tax Accountant cannot be held liable for any errors, omissions, or inaccuracies published. The firm is not responsible for any losses, injuries, or damages arising from the display or use of this information.