Potentially Exempt Transfer UK (2026): What Is a PET and How Does It Work?
Quick answer
A potentially exempt transfer (PET) is an outright gift by an individual to another individual (or a bare trust) that carries no IHT at the time it is made. If the donor survives 7 years, the gift is fully exempt from IHT. If the donor dies within 7 years, it becomes a “failed PET” and IHT may apply — subject to taper relief if the donor survived at least 3 years. PETs are the most widely used IHT planning tool in England and Wales.
The PET rule in plain English
The IHT treatment of lifetime gifts to individuals works on a simple principle: wait and see. When you give money or assets directly to a person, HMRC does not charge IHT immediately. Instead, it waits to see whether you survive 7 years from the date of the gift:
- Survive 7 years: the gift is fully exempt from IHT — it is as if it never existed for IHT purposes.
- Die within 7 years: the gift is a “failed PET” and is brought back into the cumulative calculation of your estate. IHT may be charged — at the full 40% rate (if you died within 3 years) or at a tapered rate (if you died between 3 and 7 years after the gift).
This means that every year you survive after making a gift, you reduce the potential IHT exposure. Starting early — making gifts while you are healthy — is the cornerstone of PET-based IHT planning.
What qualifies as a PET?
Not every gift is a PET. For a gift to be treated as a potentially exempt transfer:
- The donor must be an individual (not a company or trust).
- The gift must be to an individual, a bare (absolute) trust, an accumulation and maintenance trust (pre-2006 rules), or a disabled person’s trust under IHTA 1984 s89B.
- The gift must be outright — you must genuinely give up the asset. If you retain any benefit from it (e.g. you give your house to a child but continue to live in it rent-free), HMRC will treat it as a gift with reservation of benefit (GWR) and it remains in your estate regardless of how long you survive.
- The gift must not be into a discretionary trust — gifts to discretionary trusts are chargeable lifetime transfers (CLTs), not PETs.
PETs and the nil rate band
PETs made in the 7 years before death are cumulated against the nil rate band (£325,000 in 2026). The NRB is applied to the oldest gifts first. This means that earlier PETs absorb the NRB before later ones — and before the estate itself.
Worked example: failed PET with NRB
A donor makes a cash gift of £200,000 to their adult child on 01 June 2022. They make no other gifts. They die on 01 March 2026 — 3 years 9 months after the gift. Their estate is worth £400,000.
- The £200,000 gift is a failed PET (donor died within 7 years).
- The NRB is £325,000. The gift (£200,000) is within the NRB — so no IHT on the gift itself.
- The remaining NRB = £325,000 − £200,000 = £125,000, applied to the estate.
- IHT on the estate: (£400,000 − £125,000) × 40% = £275,000 × 40% = £110,000.
- Taper relief: 3–4 year band = 20% reduction — but taper relief only applies to tax on the gift, not the estate. Since no IHT is due on the gift (it was within the NRB), taper relief provides no benefit here.
When is taper relief useful?
Taper relief only saves money when the failed PET exceeds the nil rate band. If the cumulative gifts are within the NRB, no IHT is charged on the gift and taper relief is irrelevant.
Example of when taper relief matters: a donor has already used their entire NRB through earlier gifts and makes an additional £200,000 gift. If they die 5 years later, the £200,000 exceeds the NRB (which is now fully used up). IHT at 40% × (1 − 60% taper) = 16% effective rate applies to the £200,000 = £32,000 IHT, compared to £80,000 without taper relief.
PET vs CLT: a summary
| Feature | PET | CLT |
|---|---|---|
| Recipient | Individual / bare trust | Discretionary trust |
| IHT at time of gift | None | 20% on excess above NRB |
| Periodic charges | No | Yes (10-year, up to 6%) |
| Exit charges | No | Yes |
| Full exemption | After 7 years | After 7 years (additional IHT risk) |
| Taper relief on death | Yes (if died 3–7 years) | Yes (on top-up charge) |
Recording PETs: what to keep
HMRC does not require you to notify them of PETs at the time they are made. However, executors must report all gifts made in the 7 years before death on form IHT403. To make this easy, keep:
- A list of all significant gifts with dates, amounts, and recipients
- Bank statements or transfer confirmations as evidence
- For non-cash assets (property, shares): contemporaneous valuations
- Evidence that the gift was outright and unconditional (especially for property)
Without records, executors may underreport gifts, exposing the estate (and recipients) to HMRC enquiries and penalties.
See also: Taper Relief Inheritance Tax UK, The Seven-Year Rule, Chargeable Lifetime Transfers, and IHT Gifts Guide.
Frequently asked questions
What is a potentially exempt transfer (PET)?▼
A potentially exempt transfer (PET) is a gift made by an individual to another individual (or to certain types of trust) that is potentially exempt from inheritance tax (IHT). It is 'potentially' exempt because exemption is not guaranteed at the time of the gift — it depends on whether the donor (the person making the gift) survives 7 years from the date of the gift. If the donor does survive 7 years, the gift becomes fully exempt from IHT. If the donor dies within 7 years, the gift is a 'failed PET' and may attract IHT, though taper relief reduces the rate if the donor survived at least 3 years. PETs are defined in s3A Inheritance Tax Act 1984.
What types of gift qualify as a PET?▼
A PET must be an outright gift by an individual to: another individual (person, not company); a bare trust (absolute trust) for a named beneficiary; an accumulation and maintenance trust (legacy pre-Finance Act 2006 trusts may apply); or a disabled person's trust under IHTA 1984 s89. Most simple cash gifts to family members are PETs. Gifts to discretionary trusts do NOT qualify as PETs — they are chargeable lifetime transfers (CLTs) and may attract IHT at the time of the gift. Gifts to companies are also not PETs. The gift must not be a gift with reservation of benefit (GWR) — if the donor continues to benefit from the gifted asset, HMRC treats it as still part of the estate and the PET status is lost.
What happens when a PET becomes fully exempt after 7 years?▼
Once 7 years have passed from the date of the gift, the PET becomes fully exempt from IHT and falls permanently outside the donor's estate. It is no longer included in any cumulation calculations. The recipient does not need to report it or pay any IHT. No HMRC forms are required after the 7-year period has elapsed. This is the core objective of gifting as part of IHT planning: make gifts early enough that you survive 7 years and the assets leave your estate completely.
What is a failed PET?▼
A failed PET is a gift that was treated as a PET at the time it was made but becomes subject to IHT because the donor died within 7 years of the gift date. When a PET fails: the gift is brought back into the cumulation of the donor's estate; the nil rate band (£325,000 in 2026) is applied against the oldest gifts first; any failed PET that exceeds the NRB (or uses it up) is charged at the full 40% IHT rate — or at a tapered rate if the donor survived more than 3 years. The IHT on a failed PET is primarily the liability of the recipient (the donee), not the estate. Executors must disclose all PETs made within 7 years of death on HMRC form IHT403.
How does taper relief interact with failed PETs?▼
Taper relief reduces the IHT rate on failed PETs where the donor survived more than 3 years. The reduction table is: 0–3 years before death — no relief (40% rate); 3–4 years — 20% relief (effective 32%); 4–5 years — 40% relief (effective 24%); 5–6 years — 60% relief (effective 16%); 6–7 years — 80% relief (effective 8%). Crucially, taper relief reduces the tax payable, not the value of the gift used against the NRB. A failed PET of £300,000 still uses £300,000 of the NRB even if taper relief applies to any IHT arising on the excess. This is the most commonly misunderstood aspect of taper relief. See our full guide on taper relief for worked examples.
What is the difference between a PET and a chargeable lifetime transfer (CLT)?▼
A PET is an outright gift to an individual or bare trust — no IHT is charged at the time, and it becomes fully exempt after 7 years. A chargeable lifetime transfer (CLT) is a gift into a discretionary trust or certain other arrangements — IHT at 20% is charged at the time of the gift if the CLT exceeds the available nil rate band, and further IHT may be payable on death if the donor dies within 7 years. CLTs also affect the available NRB for subsequent PETs and CLTs in the 7-year cumulation window. CLTs are subject to 10-year periodic charges (up to 6% of the trust value) and exit charges when funds are distributed. PETs are far more straightforward — no immediate tax, no periodic charges — but only available for outright gifts to individuals.
Do I need to tell HMRC about a PET when I make it?▼
No — PETs do not need to be reported to HMRC at the time they are made. There is no form to file and no IHT to pay. However, you should keep a clear record of: the date of each gift, the amount or value of the gift, the recipient, and the nature of the asset gifted. Executors must report all PETs made within 7 years of death on form IHT403 ('Gifts and other transfers of value'). Without proper records, executors may struggle to complete the IHT return accurately, which can delay probate and lead to disputes with HMRC. If a PET involves property or other non-cash assets, a contemporaneous valuation should also be recorded.
Can I make PETs on top of my annual IHT exemptions?▼
Yes. IHT exemptions — such as the £3,000 annual exemption, the £250 small gift exemption, normal expenditure from income, and marriage gifts — are applied to gifts before the PET rules. This means you can give away exempt amounts each year without those gifts being treated as PETs at all. Once the exemptions are used, any further gifts to individuals are PETs and start the 7-year clock. It is good practice to use exemptions first (documented carefully) and then make any larger gifts on top. This maximises the amount removed from the estate immediately (via exemptions) while minimising the cumulative value of PETs subject to IHT if you die within 7 years.
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This article is for general information only and does not constitute legal or tax advice. IHT rules are correct for England & Wales as at June 2026. For large estates or complex gifting arrangements, consult a qualified tax adviser or solicitor.