How inheritance tax might work on transfer

Published  14 January 2025
   5 min read

Pensions are not normally subject to inheritance tax. However, there are certain circumstances when the value of the death benefits will count towards any inheritance tax (IHT) payable by the estate.

Important Information

In her Autumn 2024 Budget statement, Rachel Reeves announced the government’s intention to bring unused pension funds and death benefits within the value of an individual’s estate for inheritance tax purposes from 6 April 2027.

More detail can be found in our article Inheritance tax on pension death benefits from April 2027.

The following article is correct based on the current legislation and takes no account of the government’s proposed changes.

This is a complex area but one of the main areas which has caused problems is where the individual is terminally ill and transfers from one scheme to another and dies within 2 years.

Most commonly this is from a Defined Benefit (DB) scheme to a Defined Contribution (DC) scheme (but can also apply to DC to DC transfers) where the receiving scheme offers more flexible death benefits than the original scheme. HM Revenue & Customs (HMRC) considers this to be a transfer of value due to the fact the individual knew they were in ill health and transferred to get better death benefits.

If an individual is transferring when in poor health, they must be made aware of the potential IHT implications. However, even if 40% IHT is applied to the transfer value (and it may not be as high as this due to the way it is calculated) 60% of something is better than nothing which is likely to be what a non-dependent adult beneficiary would receive from a DB scheme.

In this case study we look at Mark who lives in England, and then what the difference would be if he lived in Scotland. These are just examples of how this may work in practice. We would recommend individuals speak to an expert in this area, if further confirmation on how this may work is required.

If Mark lives in England

  • Mark lives in England, is divorced and terminally ill.
  • Earnings in the tax year £150,000.
  • He has 2 adult non-dependent children.
  • He transfers his DB pension to a DC scheme and dies 2 months later.
  • The transfer of value is £1 million.

As Mark dies within 2 years of the transfer taking place, IHT may be payable if the value of the estate exceeds the nil-rate band.

In broad terms for IHT purposes it is the difference in the value of the death benefits in the previous scheme and the retirement benefits in the receiving scheme that’s used to calculate the IHT.  The actual values will be negotiated between HMRC and the personal representatives of the estate.

Before figure

This is the open market value of the death benefits which could have been directed towards the individual's estate. This is slightly confusing as it is not the rights there would have been if the individual had stayed in the DB scheme. Instead, it is the transfer value (the death benefit in the receiving scheme).

Growth is applied and a deduction is made for the period that the individual is likely to survive (you would not pay full price for something you were not going to receive until a future point). This gives the open market value. So, the deduction is calculated using both a growth rate and a discount rate.  In Mark’s case he died shortly after the transfer, so the open market value is high.

In Mark’s case HMRC state it to be £980,000

After figure

This is the amount of an uncrystallised funds pension lump sum (UFPLS) less what the tax payable would be on a full withdrawal.

  • 25% of £1 million taxed at 0% = £250,000
  • Income tax of 45% of £750,000 (as he has other taxable income of £150,000) = £337,500
  • Value of retained rights £1m - £337,500 = £662,500

Loss to the estate: 

Before figure – after figure

= £980,000 - £662,500 = £317,500

This amount is added to the value of Mark’s estate when calculating if IHT is payable.

If Mark lived in Scotland

Due to the top rate income tax being 48%, as opposed to 45% in the rest of the UK, the figures would be as follows:

  • 25% of £1 million taxed at 0% = £250,000
  • Income tax of 48% of £750,000 (as he has other taxable income of £150,000) = £360,000
  • Value of retained rights £1m - £360,000= £640,000

Loss to the estate: 

Before figure – after figure

= £980,000 - £640,000 = £340,000

This amount is added to the value of Mark’s estate when calculating if IHT is payable.

Disclaimer

The information provided is based on our current understanding of the relevant legislation and regulations and may be subject to alteration as a result of changes in legislation or practice. Also it may not reflect the options available under a specific product which may not be as wide as legislations and regulations allow.

All references to taxation are based on our understanding of current taxation law and practice and may be affected by future changes in legislation and the individual circumstances of the investor.