Many people decide they would like to make gifts, usually to a family member, friend or charity, at some point in their lives. Such gifts can be money or objects with financial or personal value.

Their motivations can vary, from wanting to support a family member getting started in life or to help someone close to them overcome difficult circumstances. Others may wish to support a charity or mitigate their own income tax, capital gains tax or inheritance tax liability.

Whatever the intention, it is a good idea to have a basic understanding of the different types of gifts and the possible consequences of gifting.

Unintended consequences

It is important to understand the tax consequences of gifts and the impact upon areas such as your retirement or later life provision. This helps avoid unintended consequences, and ensure that gifting does not jeopardise the long-term financial position of the person making the gift.

For example, making a large gift to a family member might help the recipient and reduce the donor’s inheritance tax liability. It may also mean they risk running out of money in later life if they need expensive nursing care. It is therefore vital that gifting is considered as part of a holistic financial plan and the overall impact is understood before finally making the decision.

The basics

A gift to an individual of any amount that is not otherwise exempt is a called a Potentially Exempt Transfer (PET) and will not trigger an immediate inheritance tax charge.

If you survive seven years from the date of the PET, it will not be subject to inheritance tax. If you decide to make a gift of more than your available Nil Rate Band (currently £325,000) your estate may be able to claim Taper Relief if you were to die after three years from the date of gifting. Taper relief only applies if the total value of gifts made in the seven years before you die is more than the available nil rate band.

A gift made during your lifetime to a discretionary trust is subject to inheritance tax when the gift is made. Your gift is taxed at 0% up to your available nil rate band, and then taxed at 20% on anything above that.

Should you die within seven years of the date of the gift, its value is added back to your estate and potentially taxed at 40%, less any inheritance tax previously paid at the time the gift was made, considering any nil rate band available at the time of death.

Gifting can also be useful in capturing the residential nil rate band (RNRB), which is an additional nil rate band that is associated to the main residence where it is ‘closely inherited’ upon death.

For example, a lifetime gift may reduce the value of your estate to below £2m, which may allow your personal representatives to claim the full RNRB, which currently stands at £175,000 per person. So, for a couple, who are married or in a civil partnership, this approach may reduce the overall inheritance tax liability by up to £140,000 (£175,000 x 2 x 40%).

It is very important to consider the timing of gifts and the order in which you make them, particularly where you intend to establish a discretionary trust. Carefully planning gifting with the support of a STEP Trust and Estate Practitioner should avoid any difficulties.

Read more about gifts in the second part of this briefing

Robin Melley TEP, Founder and Director, Matrix Capital, Chartered Financial Planners