Measures to reform Agricultural Relief (AR) and Business Relief (BR) were amongst the most eye-catching of the announcements in the recent Budget. The reforms are far reaching and may have implications for those holding business assets, or agricultural land and property. The measures, which are effective from April 6th 2026, will limit the extent of tax relief that is currently available. As a consequence, individuals with substantial agricultural or business holdings may well need to reconsider their succession or exit plans.
The current reliefs
AR and BR provide the ability for families and businesses to transfer wealth and assets between generations, without incurring significant Inheritance Tax (IHT) liabilities. The reliefs allow up to 100% IHT exemption on qualifying agricultural or business assets.
AR applies to both land and buildings which are used for agricultural purposes, and 100% relief from IHT is available if ownership and operational conditions are met.
BR provides relief when holding qualifying business interests, including shares in unquoted companies. BR also extends to ownership of unincorporated business interests, such as those held in a partnership. As with AR, 100% IHT relief is available for most business property.
In both instances, a qualifying holding period of at least two years is required. In the case of agricultural relief, the two-year period applies to property which is occupied by the owner or spouse, and remains held at date of death. A longer seven-year qualifying period applies to land which is occupied by someone else. For business property, qualifying shares need to be held for two years and continue to be held at date of death.
Changes in the 2024 Budget
The most significant reform announced in the recent Budget was the introduction of a cap on the combined amount of AR and BR available, which applies from April 2026. Under the new cap, only the first £1m of qualifying assets held by each individual will attract 100% relief from IHT. The new £1m cap covers qualifying property (be it for AR or BR) which are held at the date of death, and lifetime transfers of qualifying property within the seven years before death. In the case of lifetime transfers, the rules capture any transfers of qualifying property on or after 30th October 2024, where the individual making the transfer dies after 6th April 2026.
Once the £1m cap has been breached, qualifying assets above this level will only receive half of the IHT relief, which results in an effective IHT rate of 20% on qualifying assets held above £1m.
It is important to note that the Nil Rate Band and Residence Nil Rate Bands will remain unchanged, and these allowances will still be transferable between couples, so that a couple could potentially leave £1m of assets on the death of the second of the couple.
In respect of the new combined cap for BR and AR, the allowance is given to each individual and is not transferable between spouses. Depending on how assets are held, each of a married couple could leave £1m of assets that qualify for BR or AR to the next generation, in addition to the combined £1m nil-rate bands. In total, a maximum of £3m could, therefore, qualify for IHT exemption.
AIM-Listed Shares
Shares in companies listed on the Alternative Investment Market (AIM) currently qualify for 100% relief under BR, in the same manner as unquoted qualifying companies. From 2026, the relief on AIM shares will be reduced to 50%, leaving AIM shares subject to an IHT rate of 20%, assuming all nil rate bands have been used with other assets.
What the changes will mean in practice
It is fair to say the new proposals have been met with fierce resistance, in particular from the farming community. Whilst it is conceivable that the measures could be watered down in advance of the date of introduction in April 2026, it would be sensible for those holding business or agricultural assets to begin assessing their current position and consider any action that may be necessary to reduce the potential tax liability.
For anyone holding business or agricultural assets, it is important to obtain an updated valuation of these assets, so that the true value of the potential liability can be ascertained. Without an accurate valuation, it is difficult to make sensible decisions, and it is also appropriate to bear in mind that it is the valuation in the future that will be assessed for IHT and not today’s value. It may well, therefore, be sensible to factor in growth in the value of land or property over time.
Business owners may well need to reconsider their succession plans as a result of the change in legislation. It has often been the case that those holding qualifying business assets would simply hold the asset until date of death, when the shares would then be transferred to the next generation, without IHT applying (as the shares are qualifying) and the new owners who inherit the property also benefit from an uplift on the base cost to market value. Given the new rules, it may be necessary to reassess options, and depending on individual circumstances, making lifetime gits of assets may become more attractive. There are also alternative options, such as taking out life assurance, where the policy proceeds on a death claim are paid into trust, and then used to settle part or all the IHT liability.
Getting the right advice
The 2024 Autumn Budget has heralded significant changes in the way agricultural and business property is treated for IHT purposes. The proposed £1m combined cap from April 2026 presents significant challenges for families and businesses with substantial business and agricultural assets. Seeking professional advice is critical to navigate these complex and far-reaching reforms, and advice may need to cover both financial and legal aspects, as changes to existing wills or the way property ownership is structured may well be needed. Speak to one of our experienced advisers if you may be affected by the change in tax rules.
