Who pays the inheritance tax on a pension?

The personal representatives of your estate, usually your executors. The pension scheme does not pay it, although the tax can be settled out of the pension money in two specific ways.

How the reporting works

  1. 1

    Executors ask the scheme for a value

    They can do this before the grant of representation, and the scheme has to respond within 28 days of a valid request.

  2. 2

    The pension is added to the estate

    It is treated as though you were entitled to it immediately before death, and the estate's nil rate bands are set against the whole.

  3. 3

    Executors report and pay

    The liability is theirs. An earlier plan to make scheme administrators responsible was dropped after consultation.

  4. 4

    Beneficiaries share the liability

    They are jointly liable with the executors, and solely liable for a pension discovered after the executors have obtained clearance.

Paying it out of the pension

A withholding notice
Executors can require a scheme to hold back half of a beneficiary's death benefit for up to 15 months from the end of the month of death, so the money is still there when the bill is settled.
A direct payment notice
A beneficiary or an executor can tell the scheme to pay the tax straight to HMRC out of the death benefit. The minimum for one notice is £1,000.
Why either matters
Without one, the executors can owe tax on money that has already been paid to somebody else, and have to ask for it back.

A beneficiary who receives a pension the executors did not know about becomes solely liable for the tax on it.

Related questions

Can the pension scheme just pay the tax for us?

Only where it is directed to. A scheme is not liable for the tax and will not pay it unless a valid direct payment notice or withholding notice applies.

What if the pension turns up after probate?

The beneficiary who received it becomes solely liable for the tax on it once the executors have clearance, which is a reason to trace everything before applying.

Does a spouse have to do any of this?

Where the whole pension goes to a spouse or civil partner it is exempt, so there is no tax to report on it. Schemes can pay an exempt spouse without waiting.

Where this fits

Your executors cannot report what they cannot find. Tracing every pension now saves them the problem later.

Talk to an adviser

A first conversation of about twenty minutes, 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.