{"id":448633,"date":"2025-09-24T19:25:13","date_gmt":"2025-09-24T19:25:13","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/448633\/"},"modified":"2025-09-24T19:25:13","modified_gmt":"2025-09-24T19:25:13","slug":"pensioners-take-tax-free-cash-and-call-it-income-in-bid-to-cut-inheritance-tax","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/448633\/","title":{"rendered":"Pensioners take tax-free cash and call it &#8216;income&#8217; in bid to cut inheritance tax"},"content":{"rendered":"<p>\n\t\t\t\t\tFinancial advisers say more pensioners are using tax-free retirement cash and gifting it to their children as &#8216;surplus income&#8217; to try and cut inheritance tax bills\t\t\t\t\t                <\/p>\n<p>More retirees are withdrawing tax-free cash from their pensions in instalments and then gifting it to younger generations \u2013 in what financial advisers say is a bid to use a little-known <a class=\"post_in-line_link\" href=\"https:\/\/inews.co.uk\/topic\/inheritance-tax?ico=in-line_link\" target=\"_blank\" rel=\"noopener\">inheritance tax<\/a>-cutting tool.<\/p>\n<p>Inheritance tax (IHT) is applied at a flat rate of 40 per cent on estates worth over \u00a3325,000 when someone passes away, though there are many exemptions and loopholes, meaning the effective rate is often much lower.<\/p>\n<p>One way that people can limit their IHT bills is via gifting, as no tax is due on any gifts if you live for seven years after giving them, unless it is part of a trust.<\/p>\n<p>But a further lesser-used trick is the <a class=\"post_in-line_link\" href=\"https:\/\/inews.co.uk\/inews-lifestyle\/money\/pensions-and-retirement\/little-known-way-cut-your-inheritance-tax-bill-one-50-use-3677859?srsltid=AfmBOooctWsx48vnVXhvLKyGgBkRIz_5C7okbxCyKEl1pHu3SRKfAJuU&amp;ico=in-line_link\" target=\"_blank\" rel=\"noopener\">\u201cgifts out of surplus income\u201d rule<\/a>.<\/p>\n<p>This means that gifts that are made regularly from surplus income \u2013 any income that is leftover once all outgoings have been paid \u2013 rather than capital, such as savings or a home sale, can be exempt from IHT regardless of whether the person gifting the money lives seven years or not.<\/p>\n<p>Pensions are not currently included when calculating IHT bills, <a class=\"post_in-line_link\" href=\"https:\/\/inews.co.uk\/inews-lifestyle\/money\/pensions-and-retirement\/new-inheritance-tax-rules-pensions-nightmare-grieving-families-3355005?srsltid=AfmBOopwyAHn9xS7NUvMBB3eh2WsMPL7Uf3D4zCci6sZwQYRDuzYUBly&amp;ico=in-line_link\" target=\"_blank\" rel=\"noopener\">but will be from 2027<\/a>, and financial advisers have told The i Paper that more clients are taking money from their retirement savings and gifting them to relatives.<\/p>\n<p>Pensioners can also take 25 per cent of their savings \u2013 up to the value of \u00a3268,275 \u2013 tax-free, and experts say there has been an \u201cuptick\u201d in clients taking this money in regular installments rather than a lump sum, and then gifting it to grandchildren or children.<\/p>\n<p>Some tax experts say there is a view that pension tax-free cash \u201ccan be classed as income for gifting purposes,\u201d which means that the money can be taken tax-free and gifted without it attracting IHT.<\/p>\n<p>But others have warned there is a lack of clarity over the rules, and that it remains \u201crisky\u201d.<\/p>\n<p>Below is what some pensioners are trying to do, and the risk that comes with it.<\/p>\n<p>What are some pensioners doing?<\/p>\n<p>According to financial advisers, some pensioners are choosing to take the tax-free cash from their pensions in regular instalments.<\/p>\n<p>People can take 25 per cent of their pension pot \u2013 up to the value of \u00a3268,275 \u2013 tax-free, and although many choose to take this as a lump sum, others opt to take it in instalments.<\/p>\n<p>Once this money is withdrawn, they are then choosing to gift this money to grandchildren and children.<\/p>\n<p>If gifts are made regularly from surplus income, they can be exempt from IHT, as long as they:<\/p>\n<ul class=\"wp-block-list\">\n<li>form part of the transferor\u2019s normal expenditure,<\/li>\n<li>were made out of income,<\/li>\n<li>left the transferor with enough income for them to maintain their normal standard of living.<\/li>\n<\/ul>\n<p>A Freedom of Information request to <a href=\"https:\/\/inews.co.uk\/topic\/hmrc?srsltid=AfmBOopB0UH2wrNPugRdwVOMRNFMiv75TEzspV6hvvZ9Gp3iqP10-0dJ&amp;ico=in-line_link\" target=\"_blank\" rel=\"noopener\">HMRC<\/a> by wealth manager Quilter earlier this year shows that in the past three years, just 1,490 estates that paid IHT have used the \u201cgifts out of surplus income\u201d rule, which equates to less than 2 per cent of those that pay the tax.<\/p>\n<p>Experts say this is because using the rule can require complex record keeping.<\/p>\n<p>Nick Nesbitt, head of private client at Forvis Mazars, said: \u201cThere is a growing view that pension tax-free cash can be classed as income for gifting purposes, if taken gradually over time.\u201d<\/p>\n<p>Eamonn Prendergast, chartered financial planner at Palantir Financial Planning, added: \u201cI\u2019ve definitely seen an uptick in this, particularly among higher-net-worth clients. It\u2019s not just from tax-free cash, but from other pension withdrawals and forms of income too. <\/p>\n<p>\u201cThe principle is that the gifting has to be regular, sustainable, and not impact your standard of living, otherwise HMRC are likely to challenge it.\u201d<\/p>\n<p>What are the risks?<\/p>\n<p>Experts caution that whether money from tax-free cash counts as surplus income is a \u201cgrey area\u201d and that HMRC has not provided a definitive answer yet.<\/p>\n<p>\u201cIn theory, this means you can pass your tax-free cash on completely tax-free but HMRC hasn\u2019t clarified this position yet,\u201d explains Nesbitt.<\/p>\n<p>Prendergast also says it remains \u201crisky\u201d as it means those who are the recipients of an inheritance could face an unexpected tax bill.<\/p>\n<p>\u201cUntil HMRC provides proper clarity, this area will remain risky, but for clients who can afford it and keep thorough records, it can still be a valuable planning tool,\u201d he says.<\/p>\n<p>Other financial advisers have also warned clients of the tax bill their estate will attract, even if they think they are able to cut it.<\/p>\n<p>Zo\u0451 Dagless, director at Meliora Financial Planning, said: \u201cI find this area particularly grey. Personally, I would err on the side of caution and say it\u2019s unlikely [to be considered income for gifting purposes].<\/p>\n<p>\u201cWhat qualifies can vary depending on the interpretation of different materials. I\u2019d certainly welcome greater clarity from HMRC on what constitutes \u201cgifting out of income,\u201d so the rules are more transparent and easier for clients to understand.\u201d<\/p>\n<p>The i Paper asked HMRC if it could provide clarity on the rules, but a spokesperson said: \u201cWe consider each case on its facts.\u201d<\/p>\n<p>Experts say those who are trying to use the rule need to ensure they are at a minimum keeping regular records of their gifting.<\/p>\n<p>\u201cRecord-keeping is absolutely key; if clients can\u2019t clearly show a pattern and that the gifts are genuinely from surplus income, it will be difficult to defend later,\u201d says Prendergast.<\/p>\n<p>But IHT is charged after death, so HMRC\u2019s ultimate conclusion may not become clear until this point.<\/p>\n","protected":false},"excerpt":{"rendered":"Financial advisers say more pensioners are using tax-free retirement cash and gifting it to their children as &#8216;surplus&hellip;\n","protected":false},"author":2,"featured_media":448634,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3093],"tags":[51,474,3121,617,2499,16,15],"class_list":{"0":"post-448633","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-personal-finance","8":"tag-business","9":"tag-finance","10":"tag-inheritance-tax","11":"tag-pensions","12":"tag-personal-finance","13":"tag-uk","14":"tag-united-kingdom"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/115260917296003214","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/448633","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=448633"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/448633\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/448634"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=448633"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=448633"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=448633"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}