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Inheritance Tax 7 Year Rule: How Taper Relief Works

By Recording Law Editorial Team8 min read
Inheritance Tax 7 Year Rule: How Taper Relief Works

Frequently Asked Questions

What is the 7 year rule for Inheritance Tax?

It is the rule that a lifetime gift, known as a potentially exempt transfer, becomes completely free of Inheritance Tax once the person who made it survives 7 years from the date of the gift. If they die within 7 years, the gift can still be counted back into the estate for tax purposes.

Does taper relief reduce the value of a gift for Inheritance Tax?

No. Taper relief reduces the rate of tax charged on the part of a gift that sits above the £325,000 nil-rate band. It does not reduce the value of the gift itself, and it does not apply at all to the part of a gift within the nil-rate band.

What happens if I die 4 years after making a gift?

If the gift, together with any other chargeable gifts in the same 7-year period, exceeds the £325,000 nil-rate band once exemptions are applied, the excess is taxed at 32% under the taper relief scale for gifts made 3 to 4 years before death, rather than the full 40%.

Who pays the Inheritance Tax on a gift made within 7 years of death?

The person who received the gift is primarily responsible for paying any Inheritance Tax due on it. If they do not pay, HMRC can in some circumstances collect the tax from the estate instead.

Do the £3,000 annual exemption and other small gift allowances count towards the 7-year rule?

No. Gifts covered by the annual exemption (£3,000 a year), the small gifts allowance (£250 per person), wedding gifts, and normal gifts out of surplus income are immediately exempt from Inheritance Tax and do not need to be survived for 7 years.

Can a gift made more than 3 years before death still be taxed at 40%?

Yes, if the total value of gifts in the 7 years before death, after exemptions, does not exceed the £325,000 nil-rate band, there is no tax to taper in the first place. Taper relief only reduces the rate once the cumulative total of gifts pushes above the nil-rate band.

Is the 7 year rule the same across the whole UK?

Yes. Inheritance Tax, including the 7-year rule and taper relief, is set by HMRC and applies the same way in England, Wales, Scotland and Northern Ireland. Probate and succession rules differ by nation, but Inheritance Tax does not.

Does the 7-year rule apply to gifts to a spouse or charity?

No. Gifts to a UK-domiciled spouse or civil partner, and to registered charities, are exempt from Inheritance Tax without limit and do not need to be survived for 7 years at all.

Sources and References

  1. gov.uk: How Inheritance Tax works - Rules on giving gifts(gov.uk).gov
  2. gov.uk guidance: Work out Inheritance Tax due on gifts(gov.uk).gov
  3. HMRC Inheritance Tax Manual: IHTM14611 - Taper relief, when the relief applies(gov.uk).gov
  4. Inheritance Tax Act 1984, section 3A - Potentially exempt transfers(legislation.gov.uk).gov
  5. MoneyHelper: Inheritance Tax rules on gifts(moneyhelper.org.uk)
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