Gifting Out of Normal Expenditure: An Overlooked Inheritance Tax Opportunity

Many families overlook one of the most powerful inheritance tax exemptions available: gifting from normal expenditure out of income. This rule allows individuals with surplus income to make regular, tax-free gifts without waiting seven years for them to fall outside their estate. With proper structure and documentation, it can form a key part of a well-designed estate plan that benefits both giver and recipient.
Nick Rolf is the Director of Private Clients at Investment Quorum. Nick supports clients with personalised financial planning and investment strategies, and also contributes to the strategic vision of the company.

When it comes to Inheritance Tax (IHT), few people make full use of the normal expenditure out of income exemption. This valuable rule enables those with more income than they need to support their lifestyle to make regular, tax-free gifts to loved ones. Unlike other allowances, these gifts fall outside the estate immediately, without the usual seven-year waiting period.

For individuals with reliable and consistent income streams, this exemption offers a legitimate and highly effective way to reduce future IHT liability while helping family members during their lifetime.

Understanding “Out of Normal Expenditure”

The exemption applies to regular gifts made from surplus income, rather than from savings or investment capital. HMRC sets out three key conditions that must all be satisfied:

  • Gifts must be made from income, not from capital or proceeds of asset sales.
  • The gifts must form part of a regular pattern or show a clear intention to be regular.
  • You must retain enough income to maintain your usual standard of living.

If these conditions are met, there is no limit to how much can be gifted. This distinguishes it from the £3,000 annual exemption and makes it especially valuable for those with higher pension, dividend, or rental income.

What Counts as Income?

HMRC recognises a range of income sources that can be used for gifting purposes, including:

  • Employment and self-employment earnings
  • Dividend payments and interest on savings
  • Pension income from annuities or defined benefit schemes
  • Regular withdrawals from drawdown pensions (including tax-free cash)
  • Income distributions from ISAs
  • Rental income from property

However, withdrawals from investment bonds are not eligible, as they are treated as capital rather than income.

A Strategic Planning Opportunity

This exemption can be a valuable component of a broader financial strategy. Many portfolios automatically reinvest income, which prevents it from being available for gifting. By adjusting investments so that income is distributed rather than reinvested, you may increase the amount of surplus income available and make larger gifts within the rules.

It is important to make these decisions in conjunction with your financial planner and accountant, ensuring your investment strategy continues to meet your financial goals while leaving sufficient income for your own needs.

Record-Keeping and Evidence

HMRC expects clear evidence that gifts were made from income and that your standard of living was not affected. Maintaining accurate records is essential.

Page 8 of HMRC’s IHT403 form provides a helpful framework for recording income, expenditure and surplus amounts. Completing this annually offers clarity and creates a valuable paper trail for your executors.

It is also advisable to write a Letter of Intent outlining your intention to make regular gifts from income. This can strengthen your position should HMRC ever request evidence and makes your wishes clear for future reference.

A Thoughtful and Tax-Efficient Way to Share Wealth

Using surplus income for regular gifts allows you to support family and friends today, while also reducing the size of your taxable estate. It can be a meaningful way to contribute to the next generation’s financial wellbeing, whether by helping with education costs, property purchases or general financial support.

Handled carefully and documented properly, gifting from normal expenditure combines generosity with prudence. It remains one of the most underused yet effective tools in estate and inheritance tax planning.

Investment Quorum can help you assess whether you qualify for this exemption, structure your income efficiently, and ensure your gifting strategy remains compliant with HMRC guidance.