What is the little known loophole for inheritance tax?

Asked by: Corrine Monahan  |  Last update: May 30, 2026
Score: 4.9/5 (51 votes)

A significant, underutilized inheritance tax (IHT) loophole is the "normal expenditure out of income" exemption. This allows individuals to make unlimited, regular gifts from their surplus income immediately free of inheritance tax, provided it does not reduce their standard of living.

How much money can you inherit without paying federal taxes on it?

You can typically inherit a large amount without federal taxes because the tax applies to the deceased's estate, not the recipient, and the exemption is very high: $13.99 million in 2025 and $15 million in 2026 per person, meaning most inheritances fall below this threshold. The key is that the estate's total value must exceed these limits for any tax to be owed by the estate. Inheritances themselves (cash, property) are generally not income, but earnings on them (like interest/dividends) or pre-tax retirement funds (like IRAs) are taxable.

What is the ultimate inheritance tax trick?

Give more money away

Lifetime gifting is a straightforward way to begin reducing your IHT bill. By gifting money during lifetime, that would have been part of an inheritance anyway, you reduce the size of your estate so that there is smaller amount subject to IHT on your death.

What is the common mistake with inheritance tax?

By far the biggest mistake people make when it comes to IHT Planning is simply not taking action. The issue with IHT and Estate Planning is that it is almost always something that 'can wait' until tomorrow (until it can't of course).

What is the easiest way to avoid inheritance tax?

The simplest way of avoiding Inheritance Tax is via the spouse or civil partner exemption rule. This covers couples who are either legally married or in a civil partnership.

Martin Lewis: What is Inheritance Tax and how does it work?

24 related questions found

How to pass money to kids tax-free?

For smaller gifts, an individual taxpayer can benefit from the annual gift tax exclusion, which allows you to gift up to $19,000 per recipient in 2026 ($38,000 for married couples filing jointly) without having to pay taxes. There is no limit to the number of individuals you can gift this amount to in a year.

How to avoid family Inheritance Tax?

  1. How can I avoid paying taxes on my inheritance?
  2. Consider the alternate valuation date.
  3. Put everything into a trust.
  4. Minimize retirement account distributions.
  5. Give away some of the money.

How can you be exempt from Inheritance Tax?

Charity exemption

Like the spousal exemption, assets passing to charity on death are exempt from inheritance tax. As such, if an entire estate passes to charity, there will be no inheritance tax due.

How do wealthy families avoid inheritance tax?

Transfer assets into a trust

Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away. Setting up a trust also has other financial benefits, such as helping the estate avoid probate.

What is the best way to give money as a gift?

Cash gifts: You can use cash bills to give money in an envelope or in another creative way. Check or money order: Using a check or money order adds a bit of security to your cash gift because only your intended recipient can use it. In contrast, anyone who intercepts cash bills can use them.

How much can you inherit from your parents without paying inheritance tax?

You can typically inherit a very large amount from your parents without paying federal tax, as the federal estate tax exemption is around $15 million per person for 2026, meaning only estates larger than that pay tax, not you directly. While you generally don't pay income tax on inheritances (except for pre-tax retirement funds like IRAs/401(k)s, which are taxed as income when withdrawn), some states have their own estate or inheritance taxes with much lower thresholds, affecting a smaller portion of wealth.

How to transfer wealth to children tax-free?

There are 2 primary methods of transferring wealth, either gifting during lifetime or leaving an inheritance at death. Individuals may transfer up to $15 million (as of 2026) during their lifetime or at death without incurring any federal gift or estate taxes. This is referred to as your lifetime exemption.

How do I avoid inheritance tax on my parents' house in Canada?

To reduce tax on an inherited house, consider strategies like:

  1. Transferring the property to a spouse, as assets left to a spouse or common-law partner are exempt from immediate taxation.
  2. Using the principal residence exemption, which eliminates capital gains tax if the property was the deceased's main home.

What is the 7 year rule for inheritance?

The "7-year inheritance rule" (primarily a UK concept) means gifts you give away become exempt from Inheritance Tax (IHT) if you live for seven years or more after making the gift; if you die within that time, the gift may be taxed, often with a reduced rate (taper relief) applied if you die between years 3 and 7, but at the full 40% if you die within 3 years, helping people reduce their estate's taxable value by giving assets away earlier.
 

What not to do when inheriting money?

Here are some mistakes people make when inheriting money and how to avoid them.

  1. Not Factoring in Potential Inheritance Taxes. ...
  2. Failing to Make a Budget. ...
  3. Spending Too Much. ...
  4. Not Paying Off Debts. ...
  5. Losing Other Income Sources. ...
  6. Not Saving Enough. ...
  7. Not Getting Expert Advice.

Can a nursing home take your house if it's in a trust?

A revocable living trust will not protect your assets from a nursing home. This is because the assets in a revocable trust are still under the control of the owner. To shield your assets from the spend-down before you qualify for Medicaid, you will need to create an irrevocable trust.

Should my parents put their house in my name or a trust?

Tax Issues and Capital Gains

The tax rate for capital gains can be as high as 15%. However, parents can use strategies to reduce tax liabilities when transferring property to their children. For example, by transferring the property to children through a trust, you can potentially reduce or avoid estate taxes.