In HMRC v Parry and others [2020]UKSC 35, the Supreme Court found that a pension scheme transfer was not a transfer of value subject to IHT but not taking lifetime benefits from the scheme was.

Not all dispositions are Transfers of value for Inheritance Tax (IHT) purposes. There are a number of exceptions including:

Mrs Staveley was terminally ill and was concerned that her pension funds may go to her ex-husband on her death.

The Supreme Court allowed the appeal but in part only:

One judge would have allowed the appeal on both counts but he was overruled by his fellow judges. The case now sets a clear precedent for the IHT treatment of pension transfers made by individuals suffering from ill-health.

Links

IHT: Transfer of value
What is a transfer of value for Inheritance Tax (IHT) purposes?

Pensions: Tax rules and planning
Pensions are a tax-advantaged method of saving: funds inside a pensions wrapper are not subject to tax and so income and capital grow tax-free within a registered scheme, while contributions can attract tax relief.

IHT: Estate planning checklist
This checklist covers some of the essential planning points that taxpayers should know when planning for their estate and inheritance tax.

External link

HMRC v Parry and others [2020] UKSC 35