A good news story from the Budget is that the Chancellor has addressed one of the unfairest elements of the legislation that will limit inheritance tax relief on businesses, farms and agricultural land from April 2026.
From April 2026 only the first £1 million of any business or agricultural assets will qualify for 100% relief. The remainder will get only 50% relief. The government’s estimates about how many farms would be affected seemed to assume that both husband and wife would be able to use this £1 million allowance.
However, many farms and businesses are not owned by both spouses, they are often in a single name, and under the original draft legislation the allowance was explicitly not transferrable between spouses. This was odd as the nil rate band and residence nil rate band, the other big allowances against inheritance tax, can be transferred to the surviving spouse after the first spouse’s death.
To benefit from the allowances the ownership would need to be changed so that both spouses owned a share of the farm and their will would need to be redrafted to leave that share to someone other than their spouse on the death of the first spouse.
This has been addressed in the budget allowing the unused £1 million allowance to be transferred to the surviving spouse on death, benefitting those who were unaware of the need to amend their wills, or weren’t able to amend their plans in time. This now brings estate planning more into focus to make sure that the businesses you own and the wealth you have worked hard for, goes to the people you want it to go to.
There were of course some things that didn’t change, including business asset disposal relief (BADR), but we are all aware that from April 2026 the CGT rises to 18% on disposals and the lifetime limit of £1m per individual still applies. There were also no changes to Corporation Tax which is currently the lowest in all the G7 Countries.