It’s only getting worse
From April 2027, unused pensions pots will be included in a deceased person’s estate for IHT purposes. As pensions will still be liable to income tax, they will potentially be subject to double taxation.
So were Mrs A to survive post-April 2027, her £450,000 pension would be included in IHT bill calculations so that once the nil-rate (£325,000) and residence nil-rate bands (£175,000) are applied, £500,000 (as opposed to £50,000) of the estate would now be liable to IHT, resulting in a £200,000 tax bill.
Applying the pension’s share of the overall estate (45%) to the nil-rate band equates to £146,250 (£325,000 x 45%). This is the IHT-free element of the pension, leaving £303,750 subject to IHT at 40%. Out of the overall estate’s £200,000 IHT liability, £121,500 is therefore apportioned to the pension.
But the children will still have to pay income tax on the pension. Subtracting the £121,500 IHT pension bill from the value of the pension leaves £328,500 upon which income tax will be due. This sum is split equally between the son and daughter (£164,250 each). Each child’s share of the pension is taxed giving a total income tax bill of £140,411 (£70,205.5 each). The total tax paid on the pension is therefore £262,911 (£121,500 IHT + £140,411 income tax) or 58.2% of the pension value. Once again, both children’s tax rates will be pushed into the additional rate tax band due to their existing income of £51,000.
This leaves the final beneficiary split at £329,794 per child and £340,411 for HMRC. At 34.04%, HMRC’s share of Mrs A’s estate would be the largest.