Business Property Relief (IHT)

Business Property Relief (BPR) is a tax relief in the United Kingdom that allows for certain types of business assets to be passed on free of Inheritance Tax (IHT), provided specific conditions are met. 

Here are the key points about Business Property Relief:

1. Eligibility

• Type of Business: Relief applies to qualifying businesses, including sole traders, partnerships, and certain types of companies, such as those that operate in the UK and have trading activities.
• Qualifying Assets: It applies to assets used in a business, such as shares in an unlisted company, business premises, machinery, and other assets that are necessary for the business's operation.
• Ownership Period: To qualify for BPR, the asset must generally be owned for at least two years before the owner’s death.

2. Relief Rates

• 100% BPR: Some assets may qualify for 100% relief from inheritance tax. This typically applies to unquoted trading companies (e.g., shares in an unlisted company or a business owned directly by the individual).
• 50% BPR: Some assets may qualify for 50% relief. For example, land, buildings, or machinery that are used in a business but are not actively trading may be eligible for a 50% relief.

3. Eligible Assets

• Unquoted Shares: Shares in an unlisted (private) company can qualify for 100% BPR if the company is involved in trading activities.
• Sole Traders and Partnerships: If the individual is a sole trader or a partner in a partnership, the business may qualify for BPR if it's actively trading.
• Business Property: Commercial properties, such as land or buildings, used for a qualifying business can also benefit from BPR.

4. Excluded Assets

• Investment Businesses: BPR typically does not apply to companies or assets used for investment purposes, such as property rental businesses or businesses that mainly deal with the holding and management of investments.
• Certain Types of Land: Land that’s not actively used in a business (for example, a piece of land just held for capital appreciation) may not qualify for BPR.

5. How It Works

• Inheritance Tax: Without BPR, business assets could be subject to inheritance tax at the standard rate of 40% above a £325,000 threshold (known as the nil-rate band). With BPR, qualifying assets can be exempt from inheritance tax or subject to reduced tax rates.
• Transfers Between Generations: BPR is commonly used in family-owned businesses to pass on the business to the next generation without triggering a significant tax liability.

6. Claiming BPR

• IHT Forms: To claim BPR, the person administering the estate of the deceased must submit the necessary IHT forms to HMRC and provide details of the qualifying assets.
• Valuation: It may be necessary to provide valuations for business assets to support the claim for BPR.

7. Planning Opportunities

Feel free to contact us for planning opportunities.