Expert Opinion: New IHT rules driving death tax disruption fears

Robert Wardle (pictured), Azets’ head of tax for the North West region, is urging businesses to plan ahead for the impact of new inheritance tax changes.

A fear of major disruption resulting from new death taxes being introduced from 6 April 2026 onwards has sparked major concerns for business owners in the North West. Many are concerned about how they and their businesses will be affected by new rules being introduced for Business Property Relief (BPR) and Inheritance Tax (IHT).

The new regulations are causing widespread anxiety about funding of unexpected tax liabilities and triggering a heightened risk of rushed or inappropriate decisions by business owners to sell or transfer ownership, a leading business tax adviser at Azets in the North West is warning.

Currently, Agricultural Property Relief allows farmland and related buildings to qualify for 100% relief from IHT, but from 6^th April 2026, the relief will be capped at £1 million per estate. Any excess will be taxed at 20% (half the standard IHT rate).

Similarly, Business Property Relief, which offers up to 100% relief on qualifying business assets, will change with the first £1 million of business assets being fully exempt, and any excess taxed at 20% (half the standard IHT rate).

Robert Wardle, Azets’ head of tax for the North West region, said:

“The drastic personal and commercial impacts of losing a key leader and important family member are already hard enough for businesses to bear.

“Adding the looming tax changes on top results in a great deal of extra worry when the time comes.

“It used to be the case that entrepreneurs and business owners could transfer over their longstanding commercial legacies to the next generation of business leaders to take forward, without the fear of a huge cash tax bill on their death.

“Now, following a significantly increased tax burden, there is the added risk that crucial decisions could be rushed ahead of 6 April next year, which are not in the best interests of the business owners or families.

“Our advice to any business owners in North West worried about the new BPR and IHT rules and their impact is to seek professional advice as soon as possible.”

To illustrate the potential impact of the new rules, Robert cites an example of the financial risks of making the wrong decisions on BPR and IHT:

“Take a company owned by a brother and a sister in their 50s that makes £2M profit per year – the bulk of the cash is reinvested annually to improve efficiency and competitiveness. Their business is worth £15M on paper, including these invested reserves, not drawn down by the owners.

“One of them tragically dies in mid-May 2025. The shares pass to the other in their will and as such, no tax arises. The business is left shocked by the awful event but trades on. Take the position mid-April 2026 – same circumstances. The value of the shares on passing is £7.5M, there is a £1M allowance and the rest gets taxed at 20% for IHT with the IHT bill at £1.3M. The problem now is – who funds the tax bill?

“Owners aware of this risk are now looking at their options to protect their legacy businesses from failing when they are no longer here. Many are taking out life insurance to cover the risk of a cash funding crisis arising from the obligation to pay HMRC the IHT on death.

“These premiums are not cheap and in addition to NIC increases is adding to the cost of business crisis. In an ageing population this risk to business is widespread. Structured correctly, it may be possible to achieve some tax relief on these payments in certain circumstances which may offset this financial cost.

“More sophisticated planning involves, for example, the creation of cash funded pension pots by businesses so monies are set aside to draw upon to meet the tax bill in the event of death. Remembering though that pension funds will also be subject to IHT on death from 6April 2027, this will also need to be factored into the planning.

“This has led some owners, instead of (or as well as) paying ongoing insurance premiums, seeking to reduce the value of their estate by establishing annuities streams to fund future IHT bills.

“Whilst some of these strategies do tend to attract ongoing income tax costs, ultimately the overall tax rate could be significantly lower, but the main theme here is that sufficient post tax cash gets tucked away in reserve for the sad day the ultimate IHT bill becomes payable.”

Concluding, Robert said:

“The new BPR and IHT rules are complicated, expensive and causing widespread fear and worry for business owners.

“Given the low thresholds, relatively small businesses and their owners will be required to pay much higher IHT.

“These changes are just ten months away and we would encourage anyone in the North West concerned about their impact to seek advice and plan ahead.”

Azets is an international business advisory group with offices in Burnley, Lancaster, Manchester, Preston, and Stockport.