As of 6th April 2025, several significant changes to inheritance tax (IHT) laws have been implemented in the United Kingdom. For the purposes of this article, I will focus on those people that I deal with in the main, namely UK nationals who are tax resident in Spain.
New UK IHT rules
By John Hayward
This article is published on: 7th April 2025
From a UK perspective, under the new rules, an individual will be classified as a “Long-Term Resident” (LTR) if they have been UK tax resident for at least 10 out of the previous 20 tax years. LTRs will be subject to IHT on their worldwide assets. Conversely, UK nationals who have lived in Spain for 10 out of the previous 20 years will only be liable for IHT on UK-situated assets.
For individuals planning to leave the UK, there will be a “tail” period during which their worldwide assets remain subject to UK IHT. The duration of this tail depends on the number of years the individual was UK resident, ranging from three to ten years.
Inheritance Tax threshold freeze
The IHT threshold, the nil-rate band, which determines the value above which estates are subject to tax, is frozen until 2030. In other words, the value of an estate may increase but the allowance will not. The threshold for the majority of those affected is £325,000. This means that estates valued above this threshold will be taxed at 40%. As there is an inter-spouse exemption in the UK, the surviving spouse will normally inherit the deceased’s allowance creating an allowance of £650,000. There is no such exemption in Spain but, depending on where someone lives in Spain, a beneficiary might be eligible for an allowance to be applied. These (Spanish) tax rules have changed regularly over the two decades that I have lived in Spain and so it is probably wise not to put too much reliance on them for long-term financial planning.
Inclusion of pensions in Inheritance Tax
Beginning in April 2027, pension funds will be considered part of the assets subject to IHT. This means that pension funds outside the UK could be exempt. At the same time, the UK has recently introduced a 25% charge for moving pension funds to overseas schemes (QROPS). Although this might appear to put the final nail in the coffin of the overseas pension transfer market, there could be a Lazarus moment. In simple terms, if a UK based pension fund is valued at £1,000,000 and is moved to QROPS, the fund would reduce to £750,000 after applying the 25% charge. For those who prefer skiing (spending the kids’ inheritance) the same fund left in the UK pension could be subject to a 40% IHT charge, obviously more than if the fund had been transferred with a 25% charge. Growth assumptions and other factors will need to be considered but overseas transfers cannot be ignored.
How UK and Spanish IHT apply to Spanish compliant bonds
As we can see, assets in the UK will be subject to UK IHT. Why not just move cash from the UK to Spain? The problem here is that this opens the Spanish tax door.
As well as bank deposits, there might be ISAs and other UK investment plans which will be subject to UK IHT. UK advice has been restricted since Brexit and, for most tax residents of Spain, holding certain assets in the UK is simply not tax efficient. But moving everything to Spain could also cause problems.
Investment options
We arrange investment bonds, often referred to as Spanish compliant bonds, which are recognised as insurance policies and benefit from the favourable tax treatment in Spain even though they are not situated in Spain. The bonds we recommend are based in Ireland and Luxembourg, both in the EU, satisfying Spain’s conditions. For Spanish IHT, Spain will tax the individual receiving the benefit if either a) the beneficiary is resident in Spain or b) the asset is in Spain. This means that a UK resident beneficiary will not pay Spanish IHT on the bond. Equally, if the deceased is a non-Long Term Resident of the UK under the new rules, the bond will not be part of a UK IHT calculation.
The main aim of a Spanish compliant bond is to increase the value of the underlying investment whilst putting clients in a position to supplement their income. Of course, any investment should reflect the tax regime of the country that the person is resident in. The bonds can move with the individual for these purposes. For example, whilst a resident of Spain, the Spanish tax deferral rules apply. If the person moves back to the UK, the UK rules then apply with the added benefit that tax relief available in respect of time spent outside the UK.
For more information on how we can help you position your money in the most tax efficient manner, contact me at john.hayward@spectrum-ifa.com or (0034) 618 204 731 (WhatsApp).