Estates

Form IHT403: declaring the gifts someone made before they died

Form IHT403 is the schedule you file alongside form IHT400 when the person who died had given anything away. Most executors expect it to ask about the last 7 years. It does not: GOV.UK's IHT403 page asks for gifts made on or after 18 March 1986, and it has separate sections for gifts with reservation of benefit and pre-owned assets that have no time limit at all. The 7 year rule decides what is taxed. It does not decide what must be disclosed. Correct as at 20 August 2026.

What IHT403 actually asks for

It is a schedule, not a standalone form. It attaches to the IHT400 account and does three separate jobs.

First, it lists gifts made in the 7 years before death, with the date, the recipient, what was given and its value at the time. These are the gifts that can carry a tax charge under the 7 year rule.

Second, it asks about gifts with reservation of benefit: things given away while the person carried on enjoying them. The classic case is a house transferred to children while the parent went on living in it rent free. These stay in the estate regardless of how long ago the transfer happened, which is why the section has no 7 year cut-off.

Third, it collects the evidence for exemptions being claimed, most importantly regular gifts made out of income, which need income and expenditure set out year by year rather than simply asserted.

Why the 1986 date matters

Executors routinely gather 7 years of bank statements, complete the form, and only then discover that a transfer from 2009 belongs on it. The gift itself may well be outside the 7 year window and bear no tax. The disclosure obligation is separate, and getting it wrong is what turns a straightforward account into a correspondence file.

In practice the pre-1986 point bites in two situations: a property transferred to children years ago where the parent stayed in occupation, and assets moved into a trust. Both can sit decades in the past and still belong on the form.

Reconstructing seven years of gifts

This is the work, and it is why the form takes longer than executors expect. The person who made the gifts is not available to explain them, and bank statements do not label anything as a gift.

A workable method, in order:

  • Get the full statements for every current account, savings account and investment account for the whole period, not just the last year or two. Banks will provide these to a personal representative, though it can take weeks.
  • Pull out every payment that is not an obvious living cost. Standing orders to the same person, one-off transfers of round numbers, and anything to a family member's name are the candidates.
  • Ask the family directly, and separately. People remember receiving money more reliably than the deceased's paperwork records giving it.
  • Check for non-cash transfers: property, shares, a car, a share of a business. These are gifts and they are the ones most often missed.

Where a payment cannot be identified, say so on the form rather than guessing. An honest note that a transfer's purpose could not be established is a far better position than a figure that turns out to be wrong.

Classifying what you find

Every transfer then needs a category, because the category decides the tax.

CategoryEffectFigures (2026/27)
Covered by an exemptionOutside the 7 year rule entirely£3,000 a year (one year's carry-forward), £250 per person, wedding gifts £5,000 / £2,500 / £1,000
Normal expenditure out of incomeExempt immediately, no 7 year waitNo limit, if regular, paid from income, and usual living costs still met
Spouse or civil partnerExempt without limitBoth long-term UK resident
Potentially exempt transferTaxable only if death within 7 yearsSet against the £325,000 nil-rate band, earliest gift first
Gift with reservation of benefitRemains in the estateNo time limit

The exemption figures come from GOV.UK's rules on giving gifts. Note the small gifts trap: £250 can go to any number of people, but not to someone you have already used another allowance on in the same tax year.

The surplus income claim is the one that gets tested

Regular gifts out of income are exempt with no upper limit and no 7 year wait, which makes this the most valuable claim on the form and the one HMRC looks at hardest. GOV.UK's condition is that you "can afford the payments after meeting your usual living costs" and that they are paid "from your regular monthly income".

IHT403 asks for this year by year: income in, expenditure out, gifts made from what was left. If the deceased kept that record, the claim usually goes through. If they did not, the executors are rebuilding it after the fact from statements, and a claim assembled that way is negotiated rather than accepted.

Two things sink these claims more than any other. Gifts funded by selling investments or drawing down capital are not from income, however regular the payments looked. And a pattern that only ran for a year or two is hard to present as normal expenditure.

Example

Example. A man dies in March 2027 having made three transfers in the previous 7 years: £250,000 to his daughter four years earlier, £3,000 to his son in each of the last two tax years, and £1,000 a month to a granddaughter for six years from his pension income.

The £3,000 payments are covered by the annual exemption and carry no tax. The monthly payments total £72,000, and if the income and expenditure record supports it, they are exempt as normal expenditure out of income, immediately and in full. The £250,000 is a potentially exempt transfer. It sits below the £325,000 nil-rate band, so no tax arises on the gift itself, but it uses £250,000 of the band, leaving £75,000 for the rest of the estate.

All three still go on IHT403. The two exempt categories are declared with the exemption claimed against them, not left off. The difference between a well-evidenced surplus income claim and an unevidenced one here is £72,000 of estate value, which at 40% is £28,800 of tax.

The deadline that actually constrains you

Inheritance Tax must be paid by the end of the sixth month after the person died, and GOV.UK is explicit that HMRC charges interest if you do not pay by the due date. Someone who died in January must have the tax paid by 31 July.

That deadline is what makes the gift reconstruction urgent rather than merely tedious. Bank statements take weeks to arrive, family members take time to answer, and the tax is due whether or not the picture is complete. Start the statement requests in the first fortnight, before you have any idea whether you will need them.

What to do now

If you are an executor, request the full account history for the last 7 years on day one, and ask the family whether the deceased ever transferred property or a share of a business to anyone.

If you are the one doing the giving, the single most useful thing you can leave behind is a one-page annual note: income, ordinary living costs, and what you gave to whom. It costs nothing now and it is the difference between an exemption your executors can prove and one they have to argue for. Our guides to the 7 year rule and the estate calculation cover the position while you are still able to shape it, and our probate team handles the account itself.

Frequently Asked Questions

Gifts covered by an exemption are still disclosed on the schedule, with the exemption claimed against them. Leaving them off is what creates questions later, because HMRC can see the transfers on the statements it may ask for.

The form asks for gifts made on or after 18 March 1986. The 7 year rule governs which gifts are taxed, not which must be disclosed, and the gifts with reservation of benefit section has no time limit at all.

Reconstruct what you can from bank and investment statements, ask the recipients directly, and state plainly on the form where a transfer's purpose could not be established. An honest gap is a better position than an invented figure.

Usually the estate. GOV.UK is specific that once someone has given away more than £325,000 in the 7 years before death, anyone who received a gift in that period will have to pay Inheritance Tax on their gift.

By the end of the sixth month after the month of death, with interest charged after that. The deadline does not move because the gift history is still being assembled, which is why the statement requests should go out immediately.

Talk to us about the estate you are handling

If you are an executor facing a gift history you cannot piece together, or a surplus income claim you are not sure will hold, speak to Chloe Symmonds, Senior Manager. The first conversation establishes what has to be found, what can be evidenced, and what the deadline means for the estate in front of you. Call 020 8554 2135 or email info@visionconsulting.co.uk, or use our contact page.

By the Vision Consulting team.

This is general information, not advice. Your position depends on your circumstances. Speak to us before acting on anything here.