The mortgage trick helping over-60s cut thousands from inheritance tax bills (2024)

Many older homeowners are continuing to use their mortgages to minimise their inheritance tax bill.

Sales of mortgages to over-60s stayed stable last year even though overall sales fell, with a financial planning firm saying many are using home loans to avoid the nation’s least favourite tax.

The value of mortgages borrowed by older homeowners fell less than 1 per cent in the year to September 2023, even though in the same period, overall lending dropped 33 per cent. Over-60s took out £13.2bn worth of mortgages, whereas mortgage sales fell from £331bn to £220bn.

Mortgage sales to older people remained buoyant because mortgaging a property remains a reliable way to reduce inheritance tax, Mark Incledon, CEO of Bowmore Financial Planning, said.

When an inheritance tax bill is calculated, the value of the outstanding mortgage is taken away from the value of the property. This can reduce the inheritance tax bill significantly.

Mr Incledon said: “When you’ve worked for decades to pay off your mortgage, volunteering for another one might seem strange. The reduced inheritance tax bill can be an enormous gift to your children or grandchildren.

“However, older borrowers do face risks retiring with a mortgage, like being unable to make repayments once their income reduces.”

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Mortgage brokers added that carrying mortgage debt into later life was becoming more accepted.

Nick Mendes, of John Charcol brokers, said: “Whether borrowers are deliberately borrowing to limit their inheritance tax is difficult to quantify. Lenders will require any funds raised are for a purpose.

“What I would say is that lending later in life is no longer a taboo subject, historically the notion of carrying debt into retirement wasn’t well received. Attitudes are certainly changing, and carrying debt later in life, and upon death is becoming a norm.

“The later life mortgage market continues to innovate. Many potential purchasers over the age of 50 who don’t speak to a good independent mortgage adviser won’t appreciate all their potential options if they want to move home, including some not available to younger borrowers.”

How can taking out a mortgage limit inheritance tax?

In most cases, borrowers taking out mortgages in later life are doing so on a property they own outright. They then gift the money raised from the mortgage to their children and, as long as they do not pass away within the next seven years, the gift is tax-free.

Then when you do die, the value of the mortgage still outstanding is deducted from the value of the person’s estate, which reduces the amount of inheritance tax liable.

If you’re over 60 and your mortgage has been paid off, it is termed in the financial industry as “unencumbered”, and you can raise funds using the property as collateral.

Some lenders will allow you to have a mortgage up until the age of 85. This means if you are 60, you can get a 25-year term, but if you are older the maximum term may be shortened. You don’t need a deposit, as you own the property outright and the mortgage is more like a traditional loan.

The lender takes a charge over the house or flat if it does give you a mortgage, but will want to know you can afford your repayments. They will look at your pension – they will look at your forecast and if its drawdown they will consider the size of your pot – certain investments, though many lenders do this with caution given they can go up or down, and your savings.

A lender will want to understand purpose of funds being raised but brokers have told i the majority of lenders are happy for homeowners to raise funds to gift.

If a borrower is over 75, the lender will require them to get independent legal advice, but this is to make sure they were of sound of mind to make financial decisions, rather than to discuss inheritance tax.

Those who have less cash sometimes use equity release products which “release” the cash tied up in a home. The downside is that these can often be far more expensive than traditional remortgages.

You may not need to worry about inheritance tax

There’s normally no inheritance tax to pay if either the value of your estate is below a £325,000 threshold or you leave everything above the £325,000 threshold to your spouse, civil partner, a charity or a community amateur sports club.

If you give away your home to your children or grandchildren your threshold can increase to £500,000 as well.

This is why only a small proportion of deaths actually attract any inheritance tax at all.

The mortgage trick helping over-60s cut thousands from inheritance tax bills (2024)

FAQs

The mortgage trick helping over-60s cut thousands from inheritance tax bills? ›

How can taking out a mortgage limit inheritance tax? In most cases, borrowers taking out mortgages in later life are doing so on a property they own outright. They then gift the money raised from the mortgage to their children and, as long as they do not pass away within the next seven years, the gift is tax-free.

Are there loopholes for inheritance tax? ›

Another commonly used inheritance tax loophole is placing your assets within a trust. Your estate will not include these assets and therefore they avoid inheritance tax. Trusts are a great way to leave behind part of your estate to somebody who is too young to handle their affairs.

When you inherit a house, do you inherit the mortgage? ›

A deceased person's mortgage becomes the responsibility of the person inheriting the home. The heir has several options such as moving into the home and assuming the mortgage, buying out other heirs if they also inherited a portion of the property, or selling the house and using the proceeds to pay off the mortgage.

How is inheritance tax calculated in the UK? ›

Inheritance tax is a 40% tax applied after a person dies to estates that are worth over £325,000 – or more if a home or the sale proceeds of a home are included. What's included in the estate? What's exempt from Inheritance Tax?

How to avoid paying taxes on inheritance money? ›

  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.
Jan 12, 2024

What is the angel of death loophole? ›

The Angel of Death tax loophole allows individuals to inherit appreciated capital gains assets with a step-up in basis.

Can a family member take over a mortgage after death? ›

The right to potentially assume (take over) the mortgage.

All successors in California have a right to apply for an assumption of the loan, as long as the loan is assumable. The servicer may evaluate your creditworthiness, including your credit scores, when considering you for an assumption.

How long can a mortgage stay in a deceased person's name? ›

No, a mortgage can't remain under a deceased person's name. When the borrower passes away, the loan won't disappear. Instead, it needs to be paid. After the borrower passes, the responsibility for the mortgage payments immediately falls on the borrower's estate or heirs.

What are the disadvantages of inheriting a house? ›

Con: The unexpected burden of ongoing expenses

Expenses such as mortgage payments, utilities, home insurance, property taxes, maintenance, repairs, and more can collectively represent a significant monthly financial commitment that your child or children may not have had to manage previously.

Can both parents give $3,000 each year? ›

You may need to split this amount between your children to effectively use your allowance. Note that this is a per person allowance, so both parents may gift £3,000 each per year. If you don't use your total annual gift allowance, you can carry it over to the following year, although you can only do this once.

What is the gift tax limit? ›

Annual gift tax exclusion

The gift tax limit is $17,000 in 2023 and $18,000 in 2024. Note that this annual exclusion is per gift recipient.

How much money can you gift? ›

There is no law limiting what you can gift to a family member. So you can actually gift whatever amount you want it just might not be tax free.

Is there any way around inheritance tax? ›

A common way to avoid Inheritance Tax, or reduce the amount eventually payable, is to give money or assets to the beneficiaries of your estate while you're still alive. This will not only reduce the value of your estate once you die, but also help the assets reach your loved ones tax-free.

What is the best trust to avoid estate taxes? ›

You can mitigate that through the use of an intentionally defective grantor trust, or IDGT. This is an irrevocable trust into which you place assets, again shielding them from estate taxes.

What is the most you can inherit without paying taxes? ›

There is a federal estate tax, however, which is paid by the estate of the deceased. In 2024, the first $13,610,000 of an estate is exempt from the estate tax. A beneficiary may also have to pay capital gains taxes if they sell assets they've inherited, including stocks, real estate or valuables.

What is the trust tax loophole? ›

The trust fund loophole refers to the “stepped-up basis rule” in U.S. tax law. The rule is a tax exemption that lets you use a trust to transfer appreciated assets to the trust's beneficiaries without paying the capital gains tax. Your “basis” in an asset is the price you paid for the asset.

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