How does the seven year rule work?

A gift that is not otherwise exempt falls out of your estate completely if you survive seven years from making it. Die within that period and it comes back into the calculation.

What happens if you die inside seven years

  1. 1

    The gift is added back

    It is brought into the inheritance tax calculation at its value when it was made.

  2. 2

    It uses the nil rate band first

    Gifts are set against the nil rate band before the rest of the estate is, in the order they were made, which leaves less of the band for the rest of the estate.

  3. 3

    Tax arises only above the band

    Where the gift is covered by the available nil rate band, no tax is payable on the gift.

  4. 4

    Taper relief applies to the tax, if any

    The tax is charged at 32% instead of 40% on a gift made three to four years before death, 24% at four to five, 16% at five to six and 8% at six to seven.

What taper relief reduces

A gift inside the nil rate band

It reduces the tax otherwise payable on the gift. HMRC states this plainly in its own manual.

So a £50,000 gift made five years before death, sitting comfortably inside a £325,000 nil rate band, has no tax on it. There is nothing for taper relief to reduce. Guidance suggesting you save 16% by surviving five years is describing a case where the gift itself exceeds the band.

Gifts made in the seven years before death are set against the nil rate band before the rest of the estate, oldest first.

Related questions

Does the seven years run from the date of the gift?

Yes, from the date the gift is made.

What if I make several gifts?

Each has its own seven year clock. They are set against the nil rate band in the order they were made, oldest first.

Who pays the tax on a gift?

Primarily the person who received it, though the estate can end up bearing it. Somebody given a large sum can face a bill years later, so tell them when you make the gift.

Is there a fourteen year rule?

There is a longer look-back where gifts into certain trusts are involved, because those are chargeable at the time they are made. For ordinary gifts to people, seven years is the period.

Calculators

Where this fits

We can calculate the inheritance tax your estate would pay today.

Talk to an adviser

Your first call is with an Account Manager and is at no cost to you. Tell us what is on your mind: a pension you have lost track of, a fixed rate ending, a will you keep meaning to write.