UK IHT on UK Listed Shares and SIPP

JamesBM

Registered User
Messages
57
I have been reviewing my situation in light of the HMRC changes that bring pensions within the scope for IHT in 2027.
Circumstances: My wife and I are both Irish born, live full time in Ireland and are non-domiciled for U.K. tax purposes (I appreciate this can be a complex area but assume it is correct for now).
I have a portfolio of UK shares and a SIPP in the UK.
In the event that I pre-decease my wife the "spousal-exemption rules" would apply as we are both non-domicile (or I am not "long term U.K. resident" post the changes in April 2025) meaning that there is no liability to UK IHT on either the shares or (post April 2027) my SIPP.
Does that seem correct?
 
U.K. situs assets are subject to a U.K. IHT so the shares are in scope for U.K. IHT irrespective of your residency or domicile.

A U.K. SIPP is now within scope to U.K. IHT.

On balance I’d explore moving the SIPP.

 
Thanks Marc. I understand that UK situs assets are in scope but I thought I could avail of "spousal exemption"? The logic of the position seems to be: a. that this is allowed where both are UK domiciled (as the IHT charge will bite on the estate of the surviving spouse when he/she dies).
b. it is not where the deceased is UK domiciled but the survivor isn't (unless the survivor elects to become UK domiciled) as if it didn't the tax would be lost to the UK.
c. it is where neither party is UK domiciled as there is no loss to the UK (UK assets could be sold before death and no tax would be due to HMRC). Similarly for a SIPP it could all be drawn pre-death and there would be no UK tax liability.
Does that make sense?