Can my client borrow funds to make a Business Relief qualifying investment?
NEWS UPDATE
Budget 2025 reinforced that inheritance tax (“IHT”) planning remains a pressing issue for many families. With the IHT threshold frozen until 2031, more estates will be drawn into the tax net, making tax-efficient investments increasingly relevant. A cap on the amount of business relief (“BR”) and agricultural property relief (“APR”) that will be available at 100% from 6 April 2026 will be raised from the previously proposed £1m to £2.5m. This is a significant increase and a welcome relief for those potentially affected. Coupled with the introduction of a transferrable spouse allowance announced at budget 2025, allowing couples to shield up to £5 million in BR qualifying assets, the original proposals have been significantly ameliorated. However, the lack of change to the planned 2027 pension IHT treatment means advisers may need to revisit strategies and consider BR, gifting, or trust-based alternatives.
From when the Finance Bill 2013 received Royal Assent and became law (in July 2013), investors who have incurred liabilities (e.g. obtained loans) to invest in relevant business property will have the value of that relevant business property reduced, so that only the net value of the property (after deducting any outstanding liabilities) will qualify for Business Relief. This appears to be the case even if the liability is secured against other assets.
TECHNICAL TEAM
Simon Palmer
Group Technical Director
Simon Palmer
Group Technical Director
Simon.palmer@theingeniousgroup.co.uk
Sebastien Couplez
Technical Director
Sebastien Couplez
Technical Director
Sebastien.Couplez@theingeniousgroup.co.uk
Jack Ingilby
Technical Manager
Jack Ingilby
Technical Manager
jack.ingilby@theingeniousgroup.co.uk
Ingenious Insights FAQs
What is Inheritance Tax and who pays it?
What is Business Relief?
What benefit does an investment within the Ingenious Estate Planning service provide?
How does an investment in a Business Relief solution compare to other estate planning solutions?
Business Relief and Trusts
My client already holds a Business Relief qualifying asset. Can they redeem the asset and invest in an Ingenious Estate Planning solution and immediately benefit from Business Relief?
Can my client borrow funds to make a Business Relief qualifying investment?
Once an investment is made, can my client easily access their investment at a later date and what might be the associated tax implications?
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