Tax on property you inherit

Tax implications when inheriting property

Inheriting property can be an emotionally charged and complex process. Not only do you have to deal with the emotional turmoil that comes with losing a loved one, but you also need to navigate the complicated world of tax laws associated with your inheritance. In this comprehensive guide, we will shed light on the UK Inheritance Tax (IHT), Stamp Duty, Income Tax, and Capital Gains Tax related to inherited property, and we will discuss your responsibilities in these matters.

Understanding Inheritance Tax (IHT)

The first tax-related aspect you need to consider when you inherit property is the Inheritance Tax. According to HM Revenue and Customs (HMRC), the estate of the deceased individual is usually liable to pay any IHT due. This means that as a beneficiary, you’re not generally expected to pay tax on the inheritance you receive. The IHT is deducted from the estate before the distribution of any cash or assets to the beneficiaries.

IHT is currently payable at a rate of 40% on death and 20% on lifetime gifts. However, there’s a potential reduction on some assets if the deceased leaves 10% or more of the ‘net value’ of their estate to a charity. It’s a testament to the UK’s commitment to charitable giving and can be a worthwhile consideration when estate planning.

Stamp Duty, Income Tax, and Capital Gains Tax

You’ll be relieved to know that when you inherit a property, you are generally not liable for Stamp Duty. Likewise, Income Tax or Capital Gains Tax are not immediately applicable upon receiving your inheritance.

That said, there are situations where you may need to pay Income Tax or Capital Gains Tax. For instance, you would need to pay Capital Gains Tax on any profit earned from an increase in property value if you decide to sell the property after the date of inheritance. Additionally, you would also be liable to Income Tax on any rental income generated from the inherited property.

If you inherit a property and this means you now own two properties, it’s crucial to inform HMRC which property is your primary residence within two years. This information is significant as it influences the tax implications if and when you decide to sell one of the properties.

Navigating Through The Inheritance Process

HMRC would usually make contact if there were any IHT due from you. However, if the property is held in a trust, special rules apply.

Inherited property can indeed raise many questions concerning tax liabilities. This complexity underscores the importance of getting expert advice to ensure you navigate the process appropriately, understand your tax obligations, and avoid any unwelcome surprises.

At CIGMA Accounting, we are dedicated to helping our clients understand and manage the potential tax implications that come with inheriting property. Our team of experienced tax advisors is here to guide you every step of the way.

Contact us today to learn more about our services and how we can support you in understanding and navigating the tax implications of inherited property. Our mission is to make your tax matters as straightforward as possible, providing you with peace of mind in what may be a challenging time.

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SW19 1NE

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Stamp Duty on shared ownership property

Stamp Duty Land Tax (SDLT) is payable whether you buy a freehold property, a new or existing leasehold property or a shared ownership property. SDLT has been replaced in Scotland by the Land and Buildings Transaction Tax and in Wales by the Land Transaction Tax.

The amount of SDLT you pay when you buy a leasehold property, depends on whether it’s an existing lease (an assigned lease) or a new one. There are also different amounts of SDLT payable depending on whether you are buying residential or non-residential property.

SDLT is usually payable when you buy a property through a shared ownership scheme run by an approved public body.

This includes:

  • local housing authorities
  • housing associations
  • housing action trusts
  • the Northern Ireland Housing Executive
  • the Commission for the New Towns
  • development corporations

Buyers of these properties can choose to make a one-off payment based on the market value of the property (‘market value election’) or pay the SDLT due in stages.

The rules are complex and the amount of SDLT depends on many different factors. If you require any further assistance, we can help.

Source:HM Revenue & Customs| 24-04-2023

ATED for non-resident companies

The Annual Tax on Enveloped Dwellings (ATED) came into effect from 1 April 2013. The tax applies to certain Non-Natural Persons (NNPs) that own interests in dwellings valued at more than £500,000. These provisions affect most companies, partnerships with company members and collective investment schemes.

For the purposes of the ATED, it is immaterial whether the company, partnership or collective investment scheme is incorporated or resident in the United Kingdom. HMRC’s technical guidance on the subject states that, a company that is not incorporated or resident in the UK, but which owns land in the UK that constitutes a ‘single-dwelling interest’ is subject to ATED provisions and is required to make returns.

There is no ATED or ATED-related Capital Gains Tax payable if an individual owns a property directly, rather than through a company. There are also reliefs available, for example, if a property is in use for the purposes of a property rental business, run commercially, and with a view to profit (subject to certain exceptions) or held by a charity for its charitable purposes, subject to meeting various conditions.

From 1 April 2023, ATED is chargeable on property valued at:

  • More than £500,000 but not more than £1 million – £4,150
  • More than £1 million but not more than £2 million – £8,450
  • More than £2 million but not more than £5 million – £28,650
  • More than £5 million but not more than £10 million – £67,050
  • More than £10 million but not more than £20 million – £134,550
  • More than £20 million – £269,450

If the relevant property was within the scope of ATED on 1 April 2023, both the return and payment are due by 30 April 2023 for the ATED period 1 April 2023 to 31 March 2024.

There can be penalties for late filings, late payment or for an inaccurate return. Taxpayers can appeal a decision of HMRC, for example against a penalty or determination. Appellants have 30-days from the date of the decision to write and tell HMRC the grounds on which they are appealing.

Source:HM Revenue & Customs| 30-01-2023