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Inheritance And Australian Tax

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Inheritance Tax in Australia

Australia charges no inheritance tax. No state, no territory, no death duty of any kind. An estate passes to the family without a tax bill on the transfer itself, where a British estate pays 40% above the threshold. That difference is the single largest financial argument for moving that most families never think to make.

In short

  • Inheritance tax and death duty are absent everywhere in Australia.
  • The whole estate can pass to family, against a British threshold of £325,000, or £500,000 where the residence allowance applies.
  • Tax still reaches the estate indirectly: an inherited asset carries the original owner’s cost base, so capital gains tax can fall due when the beneficiary later sells.
  • The family home is generally exempt from capital gains tax, and the exemption covers up to two hectares of land, four times what the British equivalent allows.
  • British inheritance tax now follows long-term residence rather than domicile, so leaving Britain does settle the question, three to ten tax years after departure depending on how long you lived there.
  • Superannuation left to an adult child carries its own charge, which planning before death can reduce.

Every state and territory in Australia is free of death duty, and the federal government charges none either. An estate passes to the family with no tax on the transfer itself.

  • A beneficiary who receives money, property or jewellery declares nothing on it.
  • The position is the same in every jurisdiction, so moving state changes nothing.
  • Tax still reaches an estate in other ways, and the sections below set out exactly where.

Sterling Migration eligibility check

British inheritance tax takes 40p in the pound on everything above the threshold.

  • The threshold stands at £325,000.
  • It reaches £500,000 where a home passes to children or grandchildren and the residence allowance applies.
  • A married couple or civil partners can pass any unused threshold to the survivor.
  • The rate falls to 36% where a tenth or more of the net estate goes to charity.

An Australian estate of the same size passes whole.

Sterling Migration eligibility check

Britain now measures the reach of inheritance tax by residence rather than by domicile. A person counts as a long term UK resident once they have been UK tax resident for ten of the previous twenty tax years, and while that status holds their worldwide estate sits inside the charge, Australian assets included.

Once someone leaves, the status runs on for a set number of tax years:

  • Resident for thirteen years or fewer out of twenty, three tax years.
  • Fourteen years, four tax years.
  • Fifteen years, five tax years.
  • Each further year adds one more, reaching ten tax years for a full twenty.

Leaving Britain therefore settles the question in time. The domicile test it replaced could follow a family for a lifetime.

Sterling Migration eligibility check

A legislated reform brings unused pension funds and pension death benefits into the estate for inheritance tax, and moves the reporting and payment onto the personal representatives rather than the pension scheme.

  • Around 10,500 estates a year are drawn into the charge that would otherwise stay outside it.
  • The average additional bill on those estates runs to about £34,000.
  • Death in service benefits from a registered scheme stay outside the charge.
  • Death benefits passing to a spouse, a civil partner or a registered charity keep their exemption.

Where a pension is transferred into a qualifying Australian scheme, the fund leaves the British pension regime. Whether it also leaves the inheritance tax net turns on the residence test above.

Sterling Migration eligibility check

Capital gains tax is the one to plan for, and it falls on the beneficiary rather than on the estate.

  • An inherited asset generally carries the original owner’s cost base, so the gain measured on a later sale runs from what the deceased paid.
  • Assets the deceased acquired before capital gains tax began take their market value at the date of death instead.
  • The charge arises when the beneficiary sells, and only then.
  • An individual who has held an asset longer than twelve months reduces the gain by half.
  • Income the estate earns while it is being administered is returned through a trust return.

Sterling Migration eligibility check

The main residence exemption keeps the family home clear of capital gains tax, and it covers far more ground than the British equivalent.

  • The exemption reaches up to two hectares, counting the land under the dwelling.
  • British private residence relief applies automatically to grounds under 5,000 square metres, a quarter of the Australian area.
  • An inherited dwelling sold within two years of the death is fully exempt, whether the beneficiary lived in it or let it during that time.
  • The exemption also holds where the home remains the main residence of the spouse, of a person entitled to occupy it under the will, or of the beneficiary.

Sterling Migration eligibility check

Superannuation follows its own rules and sits outside the will unless it is directed into the estate.

  • A lump sum paid to a death benefits dependant is free of tax in full.
  • A spouse, a de facto partner, a former spouse, a child under eighteen, a financial dependant and a person in an interdependency relationship all count as dependants.
  • A lump sum paid to anyone else, an adult child included, is taxed at 15% on the taxed element of the taxable component and 30% on any untaxed element, with the Medicare levy on top.
  • The tax free component passes to any beneficiary without charge.

Drawing superannuation down, or recontributing it, is the usual way families reduce that exposure. Both call for advice before death rather than after it.

Sterling Migration eligibility check

Australia charges no gift duty, and there is no cap on what one person may give another.

  • The person receiving a gift declares nothing on it.
  • Income the gift later earns, such as rent or interest, is taxable in the recipient’s hands.
  • Gifting an asset rather than cash can bring capital gains tax on the giver, worked out on market value at the time of the gift.

Britain runs the other way. A gift falls back into the estate where death follows within seven years, with the charge tapering from 32% down to 8% across the third to the seventh year, and only £3,000 a year plus £250 to any one person escapes automatically.

Sterling Migration eligibility check

Assets on both sides of the world are best covered by a will in each jurisdiction, drafted so that one does not revoke the other.

  • Australian law gives full testamentary freedom, so you choose who inherits and in what shares.
  • A separate Australian will covering Australian assets shortens the administration and lowers the cost for the family.
  • The revocation clause in each will has to be limited to that country’s assets, which is where wills drafted in isolation go wrong.
  • Superannuation passes under a binding death benefit nomination rather than under the will, so the two need to agree.

Sterling Migration eligibility check

Intestacy rules take over, and they follow a fixed order rather than your intentions.

  • The spouse or de facto partner ranks first, and in many cases takes the whole estate.
  • Children share where there is no surviving partner, or where children come from an earlier relationship.
  • Parents, siblings and wider family follow in a set sequence after that.
  • The order is set by each state and territory, so the same family can face different outcomes depending on where the assets sit.

Sterling Migration eligibility check

The executor named in the will collects the assets, settles the debts and distributes what remains.

  • A grant of probate validates the will and confirms the executor’s authority.
  • An English grant of probate can be resealed in Australia to deal with Australian assets, which saves running a second full application.
  • Assets are gathered, outstanding debts and tax are paid, and the balance passes to the beneficiaries.
  • A power of attorney granted to an Australian lawyer lets the work proceed while the family stays in Britain.

Sterling Migration eligibility check

  • Australia charges no inheritance tax and no death duty anywhere in the country.
  • Britain charges 40% above £325,000, or above £500,000 where the residence allowance applies.
  • British inheritance tax now follows long term residence, and the reach ends three to ten tax years after departure.
  • Capital gains tax reaches an Australian estate only when a beneficiary sells, and the family home is generally exempt across two hectares.
  • Superannuation left to an adult child is taxed at 15% or 30% on the taxable component, which planning can reduce.
  • Lifetime gifts are free of duty in Australia, where Britain applies a seven year rule.

Sterling Migration eligibility check

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Did You Know?

Comparing life in Australia to the United Kingdom.

Australia charges no inheritance tax at all, in any state or territory. Both positions are published by the tax authority in each country.

MeasureAustraliaUnited Kingdom
Tax rate on an estate passed to familyNil40% above the threshold
Value that can pass before any inheritance taxThe whole estate£325,000, or £500,000 with the residence allowance
Death duties in any state or territoryNoneApplies across the United Kingdom

Sources: Australian Taxation Office; GOV.UK Australian source

Sterling Migration eligibility check

Australia leaves a retirement pot outside the estate, where Britain is drawing one in. Both positions are published by the tax authority in each country.

MeasureAustraliaUnited Kingdom
Tax charged on retirement savings left to an adult child15% on the taxed part40% inheritance tax once pensions sit inside the estate
Estates newly drawn into a pension death charge each yearNoneAbout 10,500
Average extra bill on the estates affectedNoneAbout £34,000

Sources: Australian Taxation Office; GOV.UK British source

Sterling Migration eligibility check

Australia charges nothing on a lifetime gift, where Britain rations the amount and counts the years. Both positions are published by the tax authority in each country.

MeasureAustraliaUnited Kingdom
Duty charged on a lifetime giftNoneThe gift returns to the estate where death follows within seven years
Amount that can be given each year with no conditions attachedUnlimited£3,000
Small gifts allowed to any one person each yearUnlimited£250

Sources: Australian Taxation Office; GOV.UK British source

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