Investing, Protecting

Pensions and IHT: the 'double tax' trap

9 October 2026
5 minutes

At a glance

  • From April 2027, most unused pensions and death benefits will fall into estates for IHT purposes. Where someone dies aged 75 or over, their inherited pensions may be subject to both IHT and income tax.
  • If you pass your pension to a spouse or civil partner, it’s IHT free. However, the surviving spouse may still have to pay income tax on withdrawals, and anything left may be subject to IHT on their death.
  • There are financial planning opportunities such as gifting, annuities and insurance cover which can help lower the tax burden for your beneficiaries. 

 

For years, pensions have offered a valuable tax advantage alongside retirement income, enabling people to pass on wealth to the next generation. But from April 2027, changes to inheritance tax (IHT) rules could mean some families face a significantly larger tax bill than they expected. 

In some cases, beneficiaries may face both IHT and income tax on inherited pensions – this is known as the ‘double tax trap.’

Who will this impact?

IHT is charged at 40% on the value of an estate above the nil-rate band (NRB) of £325,000. For homeowners, the threshold can rise to £500,000 through the residence nil-rate band (RNRB) – an extra £175,000 IHT-free allowance available when your home passes to your direct descendants.

Any unused NRB and RNRB can pass to a surviving spouse or civil partner. Where the full RNRB is available, this means a couple could pass on up to £1 million free of IHT.

For larger estates, the RNRB is reduced by £1 for every £2 that the estate exceeds £2 million. Because unused pensions will count towards the value of the estate, more families are likely to find their RNRB reduced or lost altogether. The NRB and RNRB are frozen at their current levels until April 2031.

Pension benefits left to a spouse or civil partner are free of IHT on first death. However, this defers the liability rather than removing it: anything still unspent on the second death will form part of the survivor’s estate. And if the first partner died aged 75 or over, the survivor will pay income tax on any income or lump sums they take from the inherited pension.

How does the ‘double tax’ work?

Whether an inherited pension is subject to income tax depends on your age when you die:

  • If you die before age 75, your beneficiaries can generally take money from your pension free of income tax. IHT may still apply, but there is no double tax.
  • If you die aged 75 or over, anything your beneficiaries take from your pension – whether as income or a lump sum – is taxed at their own marginal rate of income tax.

Including unused pensions in estates from April 2027 adds IHT on top. So where death occurs at 75 or over, the same pension can be subject to both taxes.

Your personal representatives will be responsible for reporting and paying any IHT due on your pension. They, or your beneficiaries, can ask the pension scheme to pay the IHT directly from the fund.

Let’s look at an example where you die aged 75 or over and your £100,000 unused pension is left to your children. Your estate is already above the nil-rate bands.

The pension faces IHT at 40%, a liability of £40,000. The remaining £60,000 is then subject to income tax when your children withdraw it. Income tax is not charged on the part of the pension used to pay the IHT.

SJP Approved 29/09/2026