From next year, the rules will change from a domicile basis to a residence basis. Domicile was always a difficult link to break with the UK, regardless of where you were living in the world, and the UK always had the right to tax your worldwide estate if they deemed that you had sufficient ties to the UK at the time of your death.
Now, given the Statutory Residence Test rules, if you can show that you have been a non-UK resident for 10 out of the last 20 years, then your non-UK situs assets will not fall under UK inheritance tax law. UK situs assets will, however, still be subject to UK inheritance tax. When it comes to gifting assets to your spouse, then there are some new things to consider:
The financial planning opportunities and pitfalls:
When both spouses have been outside the UK for more than 10 of the last 20 years and are considered non-UK long-term residents
You can no longer transfer an unlimited amount of UK situs assets between spouses. In this case, you can only transfer £325,000 on top of the nil-rate band, therefore a maximum of £650,000 before UK IHT at 40% is applied. If you have assets in the UK over £650,000 and qualify under the non-UK long-term resident rules, then the logical conclusion is that you look to move your assets outside the UK as soon as possible as part of your UK IHT planning exercise.
One of you is a UK long-term resident (has not yet qualified with 10 years’ continuous non-UK residency) and the other is a non-UK long-term resident
In this case, the logical conclusion is that, once again, you look to move your UK situs assets outside the UK, but by gifting them to your non-UK resident spouse. Your spouse would be subject to the same rule as above, i.e. a limit on the transferable amount at a £325,000 tax-free allowance plus a £325,000 additional non-UK long-term resident allowance, therefore £650,000 total. Anything over £650,000 would be subject to the UK’s potentially exempt transfer rules, i.e. if you live 7 years after the gift, then it is fully transferred and no longer in your estate for the purposes of inheritance tax in the UK. The obvious advantage of this approach is that your spouse is no longer subject to UK IHT and, if considered for IHT in Italy, then with some careful planning may be able to even reduce that to zero in Italy.
The alternative, depending on your own circumstances, is to keep the assets in your own name and move them outside the UK, taking the view that once your 10 years’ continuous non-UK residency has passed, then they no longer fall within your UK estate for IHT purposes.
Private pension funds
Unused private pension funds will be brought into the IHT net in the UK from April 6th, 2027. This is bad news for anyone with a sizeable pension pot in the UK. At the same time, the UK has imposed an Overseas Tax Charge on moving your pension outside the UK. In the past I have moved clients’ pension funds into a QROPS (Qualified Recognised Overseas Pension Scheme), and for European purposes those schemes were always located in Malta due to the compatible financial system there. Now, a transfer of this type for an Italian resident would incur a 25% overseas one-off tax charge.
Having stated this, given the prospect of paying a 25% overseas tax charge for moving your pension outside the UK versus 40% IHT on the fund in the UK, the former might be the better option. I am currently planning this action with some clients. This only makes sense where you have qualified as a non-UK long-term resident for IHT purposes.
A simple comparison between UK and Italian IHT
It is well known that Italy is a fiscal paradise from an inheritance tax point of view. They prefer to tax during life, but are very light on inheritance tax.
Whereas the UK will typically tax 40% on anything over £325,000 — the nil-rate allowance (plus an extra £325,000 for a spouse and a further £150,000 for primary house relief), Italy by comparison charges a mere 4% where the transfer is made between spouses and/or children, but the spouse and children each get a €1 million allowance (franchigia) before the 4% applies. In addition, the house price is based on the cadastral value (and not the market value) and so is much lower. Not only that, but if you structure assets correctly using an insurance portfolio wrapper, you can actually place any amount in the product and it does not enter into your estate for the purposes of making the estate value calculation.
For a family of 2 children and 1 spouse, you would pay just 4% on an estate over €3 million in value, plus the availability of any sum in an insurance portfolio wrapper without inheritance tax applied. Clearly, with some sensible planning, it is possible to reduce your estate dues to near zero in Italy.
Getting the right last will and testament in place
This all sounds very attractive, but what about the forced succession laws in Italy? If you are no longer subject to UK law, then how can you plan to leave your estate to your chosen beneficiaries?
Well, if you are an Italian citizen, then you probably don’t have a choice, but would be best speaking to a lawyer to determine if this is the case. But if you haven’t taken citizenship, then European law may allow you to nominate your home jurisdiction’s administrative law to distribute your assets to your chosen beneficiaries.
So, once again, with some careful planning you can probably even avoid Italian forced heirship rules. This is the realm of a good lawyer, and you would need to have a correctly worded will. Always take legal advice when considering your will planning options.