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United Kingdom
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Key definition
Inheritance tax definition

What does Inheritance tax mean? Inheritance tax describes the taxation of wealth transfers on death and, in defined cases, on lifetime gifts and trust transfers. In the UK (England & Wales, Scotland and Northern Ireland), Inheritance Tax is a statutory regime under the Inheritance Tax Act 1984, charged at rates up to 40% on transfers of value. It is usually payable from the deceased’s estate by personal representatives. Lifetime charges arise on chargeable lifetime transfers (typically gifts into most trusts) and where a donor dies within seven years of a potentially exempt transfer. Key features include the nil-rate band and, where conditions are met,...

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UK Inheritance Tax and Charities: exemptions, reduced rate for charitable legacies, drafting pitfalls, and when charities incur IHT (discretionary trusts and non-charitable dispositions)

Practice notes
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This Practice Note is curated by Adrian Shipwright and Julian Hickey, barristers of Burnell Chambers. As a rule, transferring value to a charity is relieved from inheritance tax (IHT), though in some cases an IHT liability can still arise for the charity.

Charity exemption

Separate from charitable status, an individual benefits from a £3,000 annual tax-free allowance, with any unused amount carried forward for one year to allow a single £6,000 exemption. Gifts made from surplus income, provided they are genuinely affordable from disposable income, are also exempt. Whilst these donations are significant to charities, legacies are probably the foremost source of income for many charities. The principal charity relief is set out in section 23 of the Inheritance Tax Act 1984 (IHTA 1984). It provides that transfers of value are exempt to the extent that those transfers are attributable to property given to charities. Accordingly, where property passes to a qualifying charity, the attributable value escapes IHT in practice...

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Web page updated on 22/05/2026

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