What are gifts from surplus income?
This is income you have left over after paying for your regular living expenses. It could come from your salary, pension income, interest from savings accounts, dividends, or rental income.
The proviso is that it can’t be made from capital, like investment bonds, investment accounts, or ISAs. This can be complex, for instance, natural income from ISAs would be classed as income, provided it’s paid out and not accumulated within the ISA.
There are a few conditions that need to be fulfilled to be able to use this rule. Gifts should be given regularly rather than as a one-off, the money gifted should come from income (not capital), and the gift giver should be able to maintain their usual standard of living after making the gifts.
How do gifts from surplus income help with estate planning?
Gifting from surplus income can be a really effective way of immediately reducing the size of your estate for inheritance tax purposes. This is because gifts that qualify under this exemption are not subject to the normal seven-year rule, which stipulates that you must live for seven years after making a gift, in order for it to be outside of your estate for inheritance tax purposes.
If you make a gift under this exemption, it could be immediately exempt. This means that even if you were to pass away within seven years, the gift would not be subject to inheritance tax. This makes this exemption particularly useful for older clients, who are worried about living for seven years after gifting.
What are the rules?
In order for gifts to qualify under this exemption, there are three conditions:
- The gift must form part of your normal expenditure.
- The gift must be made out of income (not capital).
- The gift leaves you with enough income to maintain your normal standard of living (Please note this condition must be satisfied without resorting to the use of capital, which is prohibited).
Tax planning with gifts from surplus income
Gifts from surplus income can be a very powerful exemption, and it’s a strategy that’s quite underused as many people don’t know about it or may feel it's too complex for them. With pensions becoming subject to inheritance tax from April 2027, it’s something that you might want to think about for your own tax and estate planning.
However, it’s important to note that this exemption is incredibly complex, as it involves detailed record-keeping. A financial planner can provide assistance with this exemption, to help ensure you remain compliant with HMRC’s requirements.