1st November 2024

Budget Bingo – The Results are In!

In our article published 22 October 2024 we speculated as to what the Chancellor might announce in respect of changes to aspects of the current tax regimes that affect the Private Client market.  Much of what was announced had already been leaked, so there were no huge surprises. Certainly, the Chancellor did not go as far as some may have expected, but some of the boxes were most definitely ticked. So how has the landscape been reshaped:

 

Capital Gains Tax (CGT)

We speculated that there would be a rise in CGT and whilst in respect of chargeable assets and commercial property, there has been an increase from 10% to 18% and 20% to 24%, the rates for residential property remain unchanged as do the thresholds at which it is charged.

Furthermore, we considered that the Capital Gains uplift on death would be removed as this had been mooted in 2020. However, no change was made and the situation remains that the reference value of a property in a deceased’s estate by which the gain is calculated on a subsequent disposal by a beneficiary is the value at the date of death. This will be of some relief to beneficiaries where there could have been a considerable gain had CGT uplift on death been altered or removed.

 

Inheritance Tax (IHT) and the Nil Rate Bands (NRB)

Perhaps surprisingly, little change was made to the current IHT regime aside from extending the current Nil Rate Band (NRB) and Residence Nil Rate Band (RNRB) allowance for a further 2 years. This means that the current Nil Rate Band rate of £325,000 and Residence Nil Rate Band rate of £175,000 will remain in force until 2030. This may, subject to capital appreciation, mean that more estates will pay IHT in due course until the threshold is raised. It is worth noting that the current allowances have been in place since 2009 and 2017 respectively. £325,000 in 2009 would be worth approximately £500,000 today and £175,000 worth approximately £230,000. The 40% rate of tax applicable above the tax-free threshold also remains unchanged.

 

Lifetime Gifting

The Chancellor made no announcement in respect of changes to lifetime gifting and the status quo prevails. Any gifts made over the annual allowance of £3,000 (subject to some exceptions) will reduce the available NRB by that amount for a period of 7 years. Lifetime gifts made to Trusts will be liable to an immediate charge to IHT of 20% on the value over and above the available NRB.

 

 

Non-Domiciles (‘non-doms’)

As anticipated, from 6 April 2025 the Government has abolished the domicile-based system applicable to Inheritance Tax where non-uk assets for people who were not domiciled, but resident in the UK did not form part of the deceased’s estate. Foreign assets were only charged to IHT if the deceased had been resident in the UK for 15 of the previous 20 years or if they had a UK domicile of origin which had subsequently changed, but had lived in the UK for the previous 2 tax years. The new residence-based system reduces the 15 year requirement to 10 years and to between 3 and 10 years after leaving the UK. This potentially will also include any non-UK assets that have already been placed into trust.

It is not clear at this point whether the unlimited lifetime gifting allowance of non-uk assets will change for those who would be considered a resident non-dom under the old system, and as the detail evolves, we will have a clearer idea of how this will apply.

 

 

Business Property Relief (BPR)/Agricultural Property Relief (APR)

Arguably, one of the most significant changes has been the reform to BPR and APR.  Trading businesses and farms have enjoyed unlimited relief on qualifying assets since 1976 and 1984 respectively. From 6 April 2026 APR and BPR relief in full will be capped at £1,000,000 for combined assets – a maximum of £1,000,000 across all agricultural assets and business assets. There will be 50% relief available thereafter. This will result in an effective rate of 20% on the partially exempt assets, rather than 40% on non exempt assets. This will cause a great deal of concern to family run businesses and farms and to their sustainability in relation to future proofing family livelihoods. It is worth noting that IHT on such assets can be paid in annual instalments over a period of 10 years so it will not necessarily be the case that assets have to be sold off immediately to meet any applicable charge on the death of a farmer or business owner of a trading concern. There will certainly be less drastic measures that potentially may be taken in advance of death to ensure that such assets continue to be preserved for future generations.

As anticipated, changes were made to the 100% BPR available on shares that are not listed on the markets of recognised stock exchanges.  The relief has now been reduced to 50% “in all circumstances” on shares listed on Alternative Investment Markets (AIM) (an effective rate of 20%).

 

Pensions and Trusts

Inherited pensions will now form part of a deceased’s estate for IHT purposes. From 6 April 2027 inherited pensions not passed to a surviving spouse will form part of the deceased’s estate and will be charged at 40% over and above the available NRB with income tax payable at the beneficiary’s own rate of income tax when they start to draw down. This may, perhaps, encourage pensioners to draw down as opposed to keeping their pensions invested as they can no longer pass “tax free” large lump sums down to their descendants.

As with all of these changes, the devil will be in the detail and lifetime planning in respect of assets will become even more important to preserve hard earned assets.

 

 

This article does not constitute advice but is general comment in respect of the Chancellor’s Autumn budget.  The effect of the announcement will depend on individual circumstances and changes to existing asset structure should not be implemented without professional advice in the context of your own personal finances, your own circumstances and, where appropriate, legal advice.

 

If you would like advice as to the effect of the changes upon your assets and/or lifetime planning, then please do get in touch with one of our team.

Annelise Tyler

Annelise Tyler
Chartered Legal Executive