It was announced at Autumn Budget 2024 that unused pension funds and death benefits will be subject to Inheritance Tax (IHT) from 6 April 2027. A new consultation considers the mechanics of IHT collection and includes several useful examples to illustrate how the new rules will be applied to different types of schemes. Transfers to overseas pensions will also now be in charge. We take a close look.
The Government's policy is based on a concern that pension schemes are increasingly used and marketed as a tax planning tool to transfer wealth without an IHT charge, rather than for their intended purpose of funding retirement.
IHT measures affecting pensions, announced at Autumn Budget 2024 include:
- With immediate effect (30 October 2024, but with transitional rules for schemes where a transfer request was made prior) transfers into Qualifying Recognised Overseas Pension Schemes (QROPS) in the EU will become subject to the 25% Overseas Transfer Charge (OTC).
- From 6 April 2025: There are alignment changes to Overseas Pension Schemes and Recognised Overseas Pension Schemes established in the EU.
- From 6 April 2026: Pension scheme administrators will be required to be UK resident.
- From 6 April 2027: IHT will apply to unused pension funds and death benefits. Currently, most peoples' unused pension savings can be passed down on death IHT-free.
The major change affecting the majority of pension savers will occur in April 2027, when unused pension funds and death benefits become subject to IHT.
There will also be changes affecting the Income Tax treatment of certain schemes and death benefits, including, dependants’ schemes, unused drawdown funds and lump sum death benefits. Many of these are already subject to an Income Tax charge and will still be subject to an Income Tax charge but on a reduced pot.
The main target is the unused pension fund. The Government notes a difference in the tax treatment between some schemes, for example:
- Some UK pension schemes (for example, the NHS and judicial schemes) are non-discretionary schemes, which are treated as part of an individual’s estate for Inheritance Tax purposes.
- Most UK pension schemes are discretionary schemes and unused pension funds in these schemes do not form part of an individual’s estate for Inheritance Tax purposes.
The Government estimates that out of around 213,000 estates with inheritable pension wealth from 2027 to 2028:
- 10,500 estates or around 1.5% of total UK deaths will become liable to pay Inheritance Tax.
- 38,500 estates will pay more IHT than they do they are forecast to have an IHT liability of £169,000, increasing by around £34,000 on average when pension assets are included in the value of the estate.
It proposed that from 6 April 2027, Pension Scheme Administrators (PSAs) will become liable for reporting and paying any IHT due on unused pension funds and death benefits.
The Government is consulting on the processes required to implement these changes.
The Consultation: Inheritance Tax on pensions: liability, reporting and payment
While the changes will apply equally to UK-registered pension schemes and Qualifying Non-UK Pension Schemes (QNUPS), any references to pension schemes in this consultation should be taken as referring to UK-registered pension schemes.
- Part 1 of the consultation introduces and summarises the changes to Inheritance Tax on pensions announced in the Autumn Budget 2024, including the rationale for change.
- Part 2 sets out the background of different types of pension schemes and summarises how discretionary and non-discretionary pensions are currently treated for Inheritance Tax purposes. It sets out in detail how the new changes will operate in practice from 6 April 2027, including how any Inheritance Tax due on pensions will be calculated, reported and paid to HMRC, and how relevant information will be exchanged between PSAs, PRs, beneficiaries and HMRC.
- Part 3 summarises these new processes.
- Part 4 summarises the impacts of these changes. Part 5 summarises the consultation questions and Part 6 sets out the process for responding.
The consultation runs for 12 weeks between 30 October 2024 and 22 January 2025.
The new measures are proposals, the government provides Annex A: Case studies which provide a useful explanation of the more typical scenarios and cases where IHT will apply.
Case Study 1: Death at 73, no drawdowns
1.1. During her working life, Emily made contributions to a DC scheme. She does not leave a surviving spouse or civil partner. At the date of her death, aged 73, her pension fund is valued at £700,000. The remainder of her estate is valued at £800,000. During her retirement, Emily did not draw on her DC pension as she had other assets and savings to meet her everyday spending requirements. Following her death, Emily’s DC pension fund will pass to beneficiaries chosen by the pension scheme. Under the pension scheme rules the fund can be taken by the beneficiaries either as a lump sum death benefit payment or as a flexi-access drawdown pension.
Current position
1.2. For Inheritance Tax purposes Emily’s estate is valued at £800,000. The DC pension fund does not form part of Emily’s estate for Inheritance Tax purposes because Emily does not have the power to dispose of it as she wishes. Emily’s estate is liable to Inheritance Tax of £190,000 (£800,000 - £325,000 nil rate band = £475,000. Inheritance Tax charged at 40% = £190,000).
Position from 6 April 2027
1.3. The value of Emily’s DC pension fund will be included within her estate immediately before her death for Inheritance Tax. Emily’s estate, for Inheritance Tax purposes, will be valued at £1,500,000 and the Inheritance Tax liability will be £470,000. (£1,500,000 - £325,000 nil rate band = £1,175,000. Inheritance Tax charged at 40% = £470,000). The PSA would be liable to pay £219,333 from the unused pension funds before paying any benefits. The PR would be liable for Inheritance Tax on rest of the estate of £250,667.
Case Study 2
This case study sets out how the changes will impact an individual with a DB pension, increasing their liability.
2.1. Jas dies aged 65, without leaving a surviving spouse or civil partner. Under the terms of her DB pension scheme, a lump sum death benefit of £200,000 is payable on death provided she had not started to take her pension, which she hadn’t. Jas had made plans for her son to receive the lump sum death benefit. As the pension scheme was discretionary, Jas could only express her wishes that any lump sum death benefit would be paid to her son. As her son is not classed as a dependant, as he is 33, there will be no dependant’s pension paid out. At the date of her death, the remainder of Jas’s estate is valued at £400,000.
2.2. If Jas had crystallised her DB pension before death, there would be no lump sum death benefit payable and her Inheritance Tax position would be altered by this change.
Current position
2.3. For Inheritance Tax purposes, Jas’s estate is valued at £400,000. The lump sum death benefit is not included as Jas was not able to make a binding nomination as to who would receive the benefit. Jas’s estate is liable to Inheritance Tax of £30,000. (£400,000 - £325,000 nil rate band = £75,000. Inheritance Tax charged at 40% = £30,000).
Position from 6 April 2027
2.4. The value of Jas’s lump sum death benefit will be included within her estate immediately before death for Inheritance Tax. Jas’s estate, for Inheritance Tax purposes, will be valued at £600,000 and the Inheritance Tax liability will be £110,000. (£600,000 - £325,000 nil rate band = £275,000. Inheritance Tax charged at 40% = £110,000). The PSA would be liable to pay Inheritance Tax of £36,667 from the lump sum death benefit before paying this to her son. The PR would be liable for Inheritance Tax of £73,333
Case Study 3
This case study sets how the changes will impact on a member with a DC pension which doesn’t increase their liability for Inheritance Tax.
3.1. During his working life, Joe made contributions to a DC scheme. At the date of his death, aged 70, his remaining pension fund is £50,000. The remainder of his estate is valued at £260,000. Following his death, Joe’s DC pension will pass to beneficiaries chosen by the pension scheme; this may be paid as a lump sum or as a pension. The remainder of his estate will pass to his nephew as he has no other next of kin.
Current position
3.2. For Inheritance Tax purposes, Joe’s estate is valued at £260,000. The DC pension fund does not form part of Joe’s estate for Inheritance Tax purposes because he does not have the power to dispose of it as he wishes. No Inheritance Tax will be due as the value of the estate is below the nil-rate band of £325,000.
Position from 6 April 2027
3.3. The value of Joe’s DC pension fund will be included within his estate immediately before his death for Inheritance Tax. Joe’s estate, for Inheritance Tax purposes, will be valued at £310,000. No Inheritance Tax will be due as the total value of the estate including the pension death benefit is below the nil-rate band of £325,000.
Case Study 4
This case study sets out how changes will impact deceased members when benefits are passed to spouses or civil partners.
4.1. Andrew dies aged 70. At the date of his death, the value remaining in his DC pension fund is £400,000. The remainder of his estate is valued at £1,200,000 which passes to his civil partner. Although Andrew expressed his wish for any value remaining in his pension to be passed to his civil partner, this is at the discretion of the pension scheme trustees. Generally, transfers between spouses or civil partners are wholly exempt from Inheritance Tax.
Current position
4.2. For Inheritance Tax purposes, Andrew’s estate is valued at £1,200,000. The DC pension fund does not form part of Andrew’s estate for Inheritance Tax purposes because he does not have the power to dispose of it as he wishes. As the remainder of Andrew’s estate passes to his civil partner, the transfer is exempt from Inheritance Tax, meaning no Inheritance Tax is due.
Position from 6 April 2027
4.3. The value of Andrew’s DC pension fund will be included within his estate immediately before his death for Inheritance Tax. Andrew’s estate, for Inheritance Tax purposes, will be valued at £1,600,000. Assuming the value remaining in Andrew’s pension fund as well as the remainder of his estate passes to his civil partner, the transfer of both the estate and the pension fund will be exempt from Inheritance Tax, meaning no Inheritance Tax is due.
4.4. If the value remaining in Andrew’s pension fund is paid to someone other than his civil partner, the nil-rate band may be available to reduce the Inheritance Tax due on the pension death benefit, with Inheritance Tax being due on the amount above the nil rate band.
Case Study 5
This case study sets out how the changes will impact a member who dies above age 75 when unused pension and pension benefits are also subject to Income Tax.
5.1. During his working life, Amir made contributions to a DC scheme. At the date of his death, aged 80, the pension fund is valued at £400,000. The remainder of his estate is valued at £1,000,000. Following his death Amir’s DC pension fund will be paid to beneficiaries chosen by the pension scheme trustees, although he has nominated his grandchild. The pension scheme rules allow the fund to be taken by the beneficiaries either as a lump sum death benefit payment or as any type of pension income. They choose to follow Amir’s nomination and pay to a beneficiary who is not a surviving spouse or civil partner.
Current position
5.2. For Inheritance Tax purposes, Amir’s estate is valued at £1,000,000 and is liable to Inheritance Tax of £270,000 (£1,000,000 - £325,000 nil rate band = £675,000. Inheritance Tax charged at 40% = £270,000). The DC pension fund does not form part of Amir’s estate for Inheritance Tax purposes because Amir does not have the power to dispose of it as he wishes.
5.3. Income Tax will be due on any lump sum or pension paid to the beneficiary as Amir was aged over 75 when he died. The PSA will usually deduct Income Tax at recipients’ marginal rate from payments when they are made.
Position from 6 April 2027
5.4. The value of Amir’s DC pension fund will be included within his estate immediately before his death for Inheritance Tax. Amir’s estate, for Inheritance Tax purposes, will be valued at £1,400,000. Amir’s estate is liable to Inheritance Tax of £430,000 (£1,400,000 - £325,000 nil rate band = £1,075,000. Inheritance Tax charged at 40% = £430,000).
5.5. The PR will be liable for Inheritance Tax of £307,143 which is paid from the non-pension element of the estate.
5.6. The PSA is liable for Inheritance Tax of £122,857 on the pension element of Amir’s estate. When this is deducted from the pension fund, it leaves £277,143 which the grandson can then decide how to split between a lump sum or pension income. As at present, if needed, the PSA will deduct Income Tax at the grandson’s marginal rate when payments are made. The rate could vary depending on how the grandson takes the benefits.
Case Study 6
This case study sets out how the changes will impact a member of a non-discretionary pension scheme, their PR and beneficiaries.
Current position
6.1. Max was a member of a non-discretionary pension scheme where he was able to choose who would receive his pension death benefit. Max died age 77. At the date of death, Max had an estate worth £275,000, as well as a pension death benefit worth £1,000,000. The pension death benefit passes to Max’s chosen beneficiary, his child.
6.2. Based on a nil-rate band of £325,000 and an Inheritance Tax rate of 40%, the tax due will be £380,000 (£1,275,000 - £325,000 nil rate band = £950,000. Inheritance Tax charged at 40% = £380,000).
6.3. As the Inheritance Tax charge is greater than the £275,000 the PRs have access to, the amount that they pay will be limited to £275,000. For any remaining tax due, HMRC would request payment directly from the beneficiaries of the pension scheme. In this case, HMRC would approach the beneficiary of the death benefit (Max’s child) for an Inheritance Tax payment of £105,000 (£380,000 - £275,000). The PRs may also approach Max’s child for repayment of the Inheritance Tax charge that was paid out of the estate that relates to the pension element, a further £193,039.
6.4. Where HMRC requests payment of the Inheritance Tax liability from a beneficiary if the death benefits haven’t been paid out as a lump sum, the beneficiary may need to withdraw funds from the pension scheme in order to pay the Inheritance Tax charge. As Max was aged 77 when he died, any withdrawal would also be subject to Income Tax at the beneficiary’s marginal rate.
Position from 6 April 2027
6.5. The value of Max’s pension death benefit will be included within his estate immediately before his death for Inheritance Tax. Max’s estate, for Inheritance Tax purposes, will be valued at £1,275,000 and the Inheritance Tax liability will be £380,000. (£1,275,000 - £325,000 nil rate band = £950,000. Inheritance Tax charged at 40% = £380,000).
6.6. The value of Max’s pension death benefit will be included within his estate immediately before his death for Inheritance Tax. Max’s estate, for Inheritance Tax purposes, will be valued at £1,275,000 and the Inheritance Tax liability will be £380,000. (£1,275,000 - £325,000 nil rate band = £950,000. Inheritance Tax charged at 40% = £380,000).
6.7. The PR will now be liable for Inheritance Tax of £81,961, payable out of the non pension element of the estate.
6.8. The PSA is liable for Inheritance Tax of £298,039 on the pension element of Max’s estate. When this is deducted from the pension fund, it leaves £701,961 for Max’s child.
Case Study 7
This case study shows how new changes will work for a deceased member who has multiple schemes and beneficiaries.
7.1. Peter dies aged 76, having taken some of his pension but leaving 2 DC schemes with unused funds. He leaves most of his estate to his surviving spouse, but some to his 2 children. His nominated beneficiaries for his discretionary pension schemes are his spouse (50%) and children (25% each) in both pension schemes. The PSAs pay in line with his wishes. The value of fund held by Pension Scheme 1 is £200,000, while Pension Scheme 2 has £250,000.
7.2. The total value of the non-pension element of the estate is £700,000. Peter chooses to leave £500,000 to his spouse, with the remaining £200,000 going to his children. The total value of the estate is therefore £1,150,000.
7.3. The value of the estate liable for Inheritance Tax is therefore £425,000, taking into account the Inheritance Tax spouse exemption. (£1,150,000 - £500,000 - £225,000 = £425,000). The £225,000 reflects the payments of £100,000 and £125,000 from the 2 pension schemes to his children.
7.4. Peter’s total estate is liable to Inheritance Tax of £40,000 (£425,000 - £325,000 nil rate band = £100,000. Inheritance Tax charged at 40% = £40,000). The pension element makes up 53% of the estate and therefore the PRs advise the PSAs of Pension Scheme 1 that they have £76,471 of nil-rate band attributable to their payments. Whilst Pension Scheme 2 has £95,588.
7.5. Peter’s wife would receive 2 payments of £100,000 and £125,000 respectively from the 2 PSAs, which will be paid subject to Income Tax at her marginal rate (if this was 40% she would pay £90,000 of IT).
7.6. Each child will receive a payment of £45,294 (£50,000 net of Inheritance Tax) from pension scheme 1. and £56,618 (£62,500 net of Inheritance Tax) from pension scheme 2. This would a total of £101,912 taxable income at their marginal rate (if this was 40% they would each pay £40,765) which would be deducted the pension schemes.
Questions and responses
Responses should be sent by 22 January 2025, by e-mail to:
Assets, Residence and Valuation team
HMRC
100 Parliament Street
Westminster
London
SW1A 2BQ
Question 1: Do you agree that PSAs should only be required to report unused pension funds or death benefits of scheme members to HMRC when there is an Inheritance Tax liability on those funds or death benefits?
Question 2: How are PSAs likely to respond if they have not received all the relevant information from the PR to pay any Inheritance Tax due on a pension by the 6-month payment deadline?
Question 3: What action, if any, could government take to ensure that PSAs can fulfil their Inheritance Tax liabilities before the Inheritance Tax payment deadline while also meeting their separate obligations to beneficiaries?
Question 4: Do you have any views on PSAs reporting and paying Inheritance Tax and late payment interest charges via the Accounting for Tax return?
Question 5: Do you agree that 12 months after the end of the month in which the member died is the appropriate point for their beneficiaries to become jointly and severally liable for the payment of Inheritance Tax?
Question 6: What is the most appropriate means of identifying or contacting beneficiaries if either the PR or HMRC realises that an amendment is needed after Inheritance Tax has been paid? Should PSAs be required to retain the details of beneficiaries for a certain period?
Question 7: What are your views on the process and information-sharing requirements set out above?
Question 8: Are there any scenarios which would not fit neatly into the typical process outlined above? How might we address these?
Question 9: Do you have any other views on the proposal to make PSAs liable for reporting details of unused pension funds and death benefits directly to HMRC and paying any Inheritance Tax due on those benefits? Are there any feasible alternatives to this model?
External links
Consultation: Inheritance Tax on pensions: liability, reporting and payment
