I have what I consider to be a fantastic idea for a start up and would like to move to the UK (from France) in order to give this a try. I am pretty sure that my idea has never been tried before. Assuming that I get permission for the start up visa, how long can I stay in the UK for before my business is a success?

You can stay for 2 years if you either:

Start-up visa

Overview

You can apply for a Start-up visa if:

you want to set up an innovative business in the UK - it must be something that’s different from anything else on the market

you meet the other eligibility requirements

If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein

If you or your close family member started living in the UK before 1 January 2021, you may be able to apply to the free EU Settlement Scheme.

Otherwise you need a visa to work in the UK.

Irish citizens do not need to apply for a visa or to the EU Settlement Scheme.

Eligibility

You must be endorsed by an authorised body that is either:

a UK higher education institution

a business organisation with a history of supporting UK entrepreneurs

You must be able to show that your business idea is:

a new idea - you cannot join in a business that is already trading

innovative - you must have an original business idea which is different from anything else on the market

viable - it has potential for growth

If you’re not eligible for a Start-up visa

You may be eligible for another type of visa to work in the UK.

How long you can stay

You can stay for 2 years if you either:

come to the UK on a Start-up visa

switch to this visa from another visa while in the UK

If you want to stay longer in the UK

You cannot apply to extend this visa.

You may be able to switch to an Innovator visa if you set up a business while on a Start-up visa and:

your endorsing body assessed and agreed it

it is active, trading and sustainable

you have day to day involvement in it

If your endorsement is withdrawn

Your visa may be cut short if your endorsement is withdrawn by the endorsing body. If you want to stay longer, you must re-apply with a new endorsement before your current visa expires.

You can only stay for a total of 2 years even if you’re granted a new visa with a new endorsement.

How to apply

You must apply online.

How you apply depends on whether you’re:

outside the UK and are coming to the UK

inside the UK and switching from a different visa

You can include your partner and children in your application to stay in the UK if they are eligible.

How long it takes

As part of your application, you’ll need to prove your identity and provide your documents.

You may need to allow extra time if you need an appointment to do this. You’ll find out if you need one when you start your application.

Getting a decision

Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision on your visa within:

3 weeks, if you’re outside the UK

8 weeks, if you’re inside the UK

If you need to go to an appointment, you may be able to pay for a faster decision. How you do this depends on whether you’re outside the UK or inside the UK.

Fees

How much you pay for a Start-up visa depends on your situation and where you apply from.

Who you’re applying for | Apply (outside the UK) | Switch (in the UK)

Yourself | £363 | £493

Your partner and children | £363 each person | £493 each person

You must pay the visa fee for each person that applies at the same time as you or applies later to join you in the UK.

If you’re from an eligible country

Your application fee will be automatically reduced by £55 if you’re from one of the following countries:

Austria, Belgium, Croatia, Republic of Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, North Macedonia, Norway, Poland, Portugal, Slovakia, Spain, Sweden or Turkey.

This reduction only applies to your visa application. Your partner and children will still need to pay the full application fee.

Healthcare surcharge

You’ll also have to pay the healthcare surcharge as part of your application.

Check how much you’ll have to pay before you apply.

If you’re applying to switch in the UK

You may need to pay £19.20 to have your biometric information (fingerprints and a photo) taken.

What you can and cannot do

With a Start-up visa you can:

bring your partner and children with you as your ‘dependants’, if they’re eligible

work in another job, as well as working for your business

travel abroad and return to the UK

You can also switch to this visa from some other visa categories.

You cannot:

apply for most benefits (public funds), or the State Pension

work as a professional sportsperson, for example a sports coach

settle in the UK on this visa

If your application is successful, you’ll get a full list of what you can and cannot do with a Start-up visa.

Eligibility

Before you apply you need to have your business or business idea assessed by an endorsing body.

They will provide you with an endorsement letter if your business is viable.

You must also:

be at least 18 years old

meet the English language requirement

be able to prove that you have enough personal savings to support yourself while you’re in the UK

Read the specific requirements for the Start-up visa before you apply.

Supporting yourself

You need to have had at least £1270 in your bank account for 28 consecutive days before you apply, or if you’ve been in the UK for less than a year and applying to switch to this visa.

Read the guidance on financial evidence for more information about the money you need and how to prove it.

Knowledge of English

You’ll usually need to prove your knowledge of the English language when you apply, unless you did this in a previous successful visa application.

Level of English

You must prove you can read, write, speak and understand English to a level B2 on the Common European Framework of Reference for Languages (CEFR) scale.

You can prove your knowledge of English by:

passing a Secure English Language Test (SELT) from an approved provider

having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English gained through study at a UK school that you began when you were under 18

having a degree-level academic qualification that was taught in English - if you studied abroad, you’ll need to apply for confirmation through Ecctis (formerly UK NARIC) that your qualification is equivalent to a UK bachelor’s degree, master’s degree or PhD

Who does not need to prove their knowledge of English

You do not need to prove your knowledge of English if you’re a national of one of the following countries:

Antigua and Barbuda

Australia

the Bahamas

Barbados

Belize

Canada

Dominica

Grenada

Guyana

Jamaica

Malta

New Zealand

St Kitts and Nevis

St Lucia

St Vincent and the Grenadines

Trinidad and Tobago

USA

Documents you'll need to apply

When you apply you need to provide an ‘endorsement letter’ to show that an endorsing  body has assessed your business.

You’ll also need to provide:

a valid passport or other document that shows your identity and nationality

bank statements showing you’ve had at least £1270 in savings in your bank account for 28 consecutive days before you apply

proof that you meet the English language requirement

your tuberculosis test results if you’re from a country where you have to take the test

If your documents are not in English or Welsh you’ll also need to provide a certified translation.

You’ll need a blank page in your passport for your visa if you’re:

from outside the EU, Switzerland, Norway, Iceland or Liechtenstein

from the EU, Switzerland, Norway, Iceland or Liechtenstein but do not have a biometric passport with a chip in it

You may need to provide additional documents depending on your circumstances.

Apply from outside the UK

You must apply online for a Start-up visa.

Check which documents you’ll need to apply.

Your partner or children will need to apply separately.

Proving your identity and supplying supporting documents

As part of your application, you’ll need to prove your identity. How you do this depends on where you’re from and what type of passport you have.

You’ll either:

have your fingerprints and photograph taken at a visa application centre - this is to get a biometric residence permit

use the ‘UK Immigration: ID Check’ app to scan your identity document - you’ll also create or sign into your UK Visas and Immigration (UKVI) account

You’ll be told what you need to do when you apply.

If you do need an appointment:

the centre may need to keep your passport and documents while they process your application

you may have to travel to get to your nearest visa application centre (this could be in another country)

Apply for a Start-up visa

Once you’ve started your application, you can save your form and complete it later.

Start now

Continue your application

Sign in to your account using the link from your sign-up email.

How long it takes to get a decision

Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision within 3 weeks.

You’ll be contacted if your application will take longer, for example:

if you’re applying with a family member who needs an appointment but you do not

if your supporting documents need to be verified

if you need to attend an interview

because of your personal circumstances, for example if you have a criminal conviction

If you’ve applied through a visa application centre, find out if you can pay to get a faster decision - this depends on where you’re applying from.

After you apply

If you need to change something in your application after you’ve sent it contact UK Visas and Immigration (UKVI).

You can ask to cancel your application. You’ll only get your fee refunded if UKVI has not started processing your application.

You’ll get an email or a letter containing the decision on your application. This will explain what you need to do next.

Your partner and children

Your partner and children can apply to join you or to stay in the UK as your ‘dependants’ if they’re eligible. If their application is successful, their visa will end on the same date as yours.

Your relationship

A dependant partner or child is any of the following:

your husband, wife, civil partner or unmarried partner

your child under 18 - including if they were born in the UK during your stay

your child over 18 if they’re currently in the UK as your dependant

You’ll need to provide evidence of your relationship when you apply.

Your partner

You must be able to prove that either:

you’re in a civil partnership or marriage that’s recognised in the UK

you’ve been living together in a relationship for at least 2 years when you apply

If your child is 16 or over

They must:

live with you (unless they’re in full-time education at boarding school, college or university)

not be married, in a civil partnership or have any children

be financially supported by you

If your child lives with you, you’ll need to provide 2 of the following documents confirming their address:

a bank statement

credit card bills

driving licence

NHS registration document

an official letter from their university or college

Money they need to support themselves

Your partner and children must each have a certain amount of money available to support themselves while they’re in the UK.

In addition to the £1,270 you must have to support yourself, you - or your partner or child - will need:

£285 for your partner

£315 for one child

£200 for each additional child

You’ll need to have had the money in your bank account or your dependant’s bank account for at least 28 days before you or they apply.

You’ll usually need to show proof of this when you apply, unless you or they are applying from inside the UK and you’ve been here for 1 year or more.

Apply from outside the UK

Your partner and children must either:

apply online as a partner

apply online as a child

Each family member will need to complete a separate application and pay the visa fee. They must apply before they travel to the UK.

They’ll also need your application number - you’ll get this when you apply. This number is called a Global Web Form (GWF) or a Unique Application Number (UAN). You’ll find it on emails and letters from the Home Office about your application.

As part of their application, they’ll need to have their fingerprints and photograph taken at a visa application centre. This is to get a biometric residence permit, which they’ll need to collect within 10 days of when they said they’d arrive in the UK.

Apply from inside the UK (switch)

Apply for your partner or child’s visa at the same time as you switch your own visa. This includes children who were born or have turned 18 during your stay.

If you cannot apply at the same time, your partner or child can apply to switch their visas at a later date. This must be before their current visa expires.

Your partner or children will not be able to apply to switch to a Start-up visa if they are currently in the UK in one of the following circumstances:

on a visit visa

on a short-term student visa

on a Parent of a Child Student visa

on a seasonal worker visa

on a domestic worker in a private household visa

on immigration bail

they were given permission to stay outside the immigration rules, for example on compassionate grounds

How to apply

Your partner and child must apply online to either:

switch to a Start-up visa as your partner

switch to a Start-up visa as your child

They’ll need your application number - you’ll get this when you apply. This number is called a Global Web Form (GWF) or a Unique Application Number (UAN). You’ll find it on emails and letters from the Home Office about your application.

As part of their application, they’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide their biometric information (fingerprints and a photo).

They’ll also need to submit their supporting documents. They can:

upload them into the online service

have them scanned at their UKVCAS appointment

They must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until they get a decision. Their application will be withdrawn if they do.

Getting a faster decision

They may be able to pay to get a faster decision - they’ll be told if they can when they apply.

Children born in the UK

If you have a child while you’re in the UK, they do not automatically become a British citizen.

You can apply online for their dependant visa. You must do this if you want to travel in and out of the UK with your child.

You’ll need to provide a full UK birth certificate for each child, showing the names of both parents.

You must apply for their dependant visa before they turn 18 if they want to stay in the UK.

Switch to this visa

You might be able to apply to change (‘switch’) to a Start-up visa if you’re already in the UK on a different type of visa.

Your partner or children will need to apply separately.

You should apply before your current visa expires.

Eligibility

You can apply to switch to this visa if you meet the eligibility requirements.

Who cannot apply to switch to this visa

You cannot switch to this visa if you have one of the following:

a visit visa

a short-term student visa

a Parent of a Child Student visa

a seasonal worker visa

a domestic worker in a private household visa

immigration bail

permission to stay outside the immigration rules, for example on compassionate grounds

You must leave the UK and make your application from abroad if you’re here on a different type of visa.

How long you can stay

You can stay in the UK for 2 years on a Start-up visa. Any time you’ve already spent in the UK on a Tier 1 (Graduate Entrepreneur) visa counts as part of the 2 years.

How much it costs

Check the visa application fees.

If you’ve been in the UK for less than 1 year, you’ll also need to prove you have enough money to support yourself.

Proving your identity and supplying supporting documents

You’ll either:

have your fingerprints and photograph taken at a visa application centre - this is to get a biometric residence permit

You’ll be told what you need to do when you apply.

If you do need an appointment:

the centre may need to keep your passport and documents while they process your application

you may have to travel to get to your nearest visa application centre (this could be in another country)

Apply to switch to a Start-up visa

You must apply online.

Once you’ve started your application, you can save your form and complete it later.

Start now

You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.

Continue your application

Sign in to your account using the link from your sign-up email.

How long it takes to get a decision

Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision within 3 weeks.

You’ll be contacted if your application will take longer, for example:

if you’re applying with a family member who needs an appointment but you do not

if your supporting documents need to be verified

if you need to attend an interview

because of your personal circumstances, for example if you have a criminal conviction

After you apply

If you need to change something in your application after you’ve sent it contact UK Visas and Immigration (UKVI).

You can ask to cancel your application. You’ll only get your fee refunded if UKVI has not started processing your application.

You’ll get an email or a letter containing the decision on your application. This will explain what you need to do next.

Once you’ve applied you can stay in the UK until you’ve been given a decision, as long as you applied before your last visa expired.

come to the UK on a Start-up visa

Start-up visa

Overview

You can apply for a Start-up visa if:

you want to set up an innovative business in the UK - it must be something that’s different from anything else on the market

you meet the other eligibility requirements

If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein

Otherwise you need a visa to work in the UK.

Irish citizens do not need to apply for a visa or to the EU Settlement Scheme.

Eligibility

You must be endorsed by an authorised body that is either:

a UK higher education institution

a business organisation with a history of supporting UK entrepreneurs

You must be able to show that your business idea is:

a new idea - you cannot join in a business that is already trading

innovative - you must have an original business idea which is different from anything else on the market

viable - it has potential for growth

If you’re not eligible for a Start-up visa

You may be eligible for another type of visa to work in the UK.

How long you can stay

You can stay for 2 years if you either:

come to the UK on a Start-up visa

switch to this visa from another visa while in the UK

If you want to stay longer in the UK

You cannot apply to extend this visa.

You may be able to switch to an Innovator visa if you set up a business while on a Start-up visa and:

your endorsing body assessed and agreed it

it is active, trading and sustainable

you have day to day involvement in it

If your endorsement is withdrawn

You can only stay for a total of 2 years even if you’re granted a new visa with a new endorsement.

How to apply

You must apply online.

How you apply depends on whether you’re:

outside the UK and are coming to the UK

inside the UK and switching from a different visa

You can include your partner and children in your application to stay in the UK if they are eligible.

How long it takes

As part of your application, you’ll need to prove your identity and provide your documents.

Getting a decision

Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision on your visa within:

3 weeks, if you’re outside the UK

8 weeks, if you’re inside the UK

Fees

How much you pay for a Start-up visa depends on your situation and where you apply from.

Who you’re applying for | Apply (outside the UK) | Switch (in the UK)

Yourself | £363 | £493

Your partner and children | £363 each person | £493 each person

You must pay the visa fee for each person that applies at the same time as you or applies later to join you in the UK.

If you’re from an eligible country

Your application fee will be automatically reduced by £55 if you’re from one of the following countries:

This reduction only applies to your visa application. Your partner and children will still need to pay the full application fee.

Healthcare surcharge

You’ll also have to pay the healthcare surcharge as part of your application.

Check how much you’ll have to pay before you apply.

If you’re applying to switch in the UK

You may need to pay £19.20 to have your biometric information (fingerprints and a photo) taken.

What you can and cannot do

With a Start-up visa you can:

bring your partner and children with you as your ‘dependants’, if they’re eligible

work in another job, as well as working for your business

travel abroad and return to the UK

You can also switch to this visa from some other visa categories.

You cannot:

apply for most benefits (public funds), or the State Pension

work as a professional sportsperson, for example a sports coach

settle in the UK on this visa

If your application is successful, you’ll get a full list of what you can and cannot do with a Start-up visa.

Eligibility

Before you apply you need to have your business or business idea assessed by an endorsing body.

They will provide you with an endorsement letter if your business is viable.

You must also:

be at least 18 years old

meet the English language requirement

be able to prove that you have enough personal savings to support yourself while you’re in the UK

Read the specific requirements for the Start-up visa before you apply.

Supporting yourself

Read the guidance on financial evidence for more information about the money you need and how to prove it.

Knowledge of English

Level of English

You can prove your knowledge of English by:

passing a Secure English Language Test (SELT) from an approved provider

Who does not need to prove their knowledge of English

You do not need to prove your knowledge of English if you’re a national of one of the following countries:

Antigua and Barbuda

Australia

the Bahamas

Barbados

Belize

Canada

Dominica

Grenada

Guyana

Jamaica

Malta

New Zealand

St Kitts and Nevis

St Lucia

St Vincent and the Grenadines

Trinidad and Tobago

USA

Documents you'll need to apply

When you apply you need to provide an ‘endorsement letter’ to show that an endorsing  body has assessed your business.

You’ll also need to provide:

a valid passport or other document that shows your identity and nationality

bank statements showing you’ve had at least £1270 in savings in your bank account for 28 consecutive days before you apply

proof that you meet the English language requirement

your tuberculosis test results if you’re from a country where you have to take the test

If your documents are not in English or Welsh you’ll also need to provide a certified translation.

You’ll need a blank page in your passport for your visa if you’re:

from outside the EU, Switzerland, Norway, Iceland or Liechtenstein

from the EU, Switzerland, Norway, Iceland or Liechtenstein but do not have a biometric passport with a chip in it

You may need to provide additional documents depending on your circumstances.

Apply from outside the UK

You must apply online for a Start-up visa.

Check which documents you’ll need to apply.

Your partner or children will need to apply separately.

Proving your identity and supplying supporting documents

You’ll either:

have your fingerprints and photograph taken at a visa application centre - this is to get a biometric residence permit

You’ll be told what you need to do when you apply.

If you do need an appointment:

the centre may need to keep your passport and documents while they process your application

you may have to travel to get to your nearest visa application centre (this could be in another country)

Apply for a Start-up visa

Once you’ve started your application, you can save your form and complete it later.

Start now

Continue your application

Sign in to your account using the link from your sign-up email.

How long it takes to get a decision

Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision within 3 weeks.

You’ll be contacted if your application will take longer, for example:

if you’re applying with a family member who needs an appointment but you do not

if your supporting documents need to be verified

if you need to attend an interview

because of your personal circumstances, for example if you have a criminal conviction

After you apply

If you need to change something in your application after you’ve sent it contact UK Visas and Immigration (UKVI).

You can ask to cancel your application. You’ll only get your fee refunded if UKVI has not started processing your application.

You’ll get an email or a letter containing the decision on your application. This will explain what you need to do next.

Your partner and children

Your relationship

A dependant partner or child is any of the following:

your husband, wife, civil partner or unmarried partner

your child under 18 - including if they were born in the UK during your stay

your child over 18 if they’re currently in the UK as your dependant

You’ll need to provide evidence of your relationship when you apply.

Your partner

You must be able to prove that either:

you’re in a civil partnership or marriage that’s recognised in the UK

you’ve been living together in a relationship for at least 2 years when you apply

If your child is 16 or over

They must:

live with you (unless they’re in full-time education at boarding school, college or university)

not be married, in a civil partnership or have any children

be financially supported by you

If your child lives with you, you’ll need to provide 2 of the following documents confirming their address:

a bank statement

credit card bills

driving licence

NHS registration document

an official letter from their university or college

Money they need to support themselves

Your partner and children must each have a certain amount of money available to support themselves while they’re in the UK.

In addition to the £1,270 you must have to support yourself, you - or your partner or child - will need:

£285 for your partner

£315 for one child

£200 for each additional child

Apply from outside the UK

Your partner and children must either:

apply online as a partner

apply online as a child

Apply from inside the UK (switch)

on a visit visa

on a short-term student visa

on a Parent of a Child Student visa

on a seasonal worker visa

on a domestic worker in a private household visa

on immigration bail

they were given permission to stay outside the immigration rules, for example on compassionate grounds

How to apply

Your partner and child must apply online to either:

switch to a Start-up visa as your partner

switch to a Start-up visa as your child

They’ll also need to submit their supporting documents. They can:

upload them into the online service

have them scanned at their UKVCAS appointment

Getting a faster decision

They may be able to pay to get a faster decision - they’ll be told if they can when they apply.

Children born in the UK

If you have a child while you’re in the UK, they do not automatically become a British citizen.

You can apply online for their dependant visa. You must do this if you want to travel in and out of the UK with your child.

You’ll need to provide a full UK birth certificate for each child, showing the names of both parents.

You must apply for their dependant visa before they turn 18 if they want to stay in the UK.

Switch to this visa

You might be able to apply to change (‘switch’) to a Start-up visa if you’re already in the UK on a different type of visa.

Your partner or children will need to apply separately.

You should apply before your current visa expires.

Eligibility

You can apply to switch to this visa if you meet the eligibility requirements.

Who cannot apply to switch to this visa

You cannot switch to this visa if you have one of the following:

a visit visa

a short-term student visa

a Parent of a Child Student visa

a seasonal worker visa

a domestic worker in a private household visa

immigration bail

permission to stay outside the immigration rules, for example on compassionate grounds

You must leave the UK and make your application from abroad if you’re here on a different type of visa.

How long you can stay

How much it costs

Check the visa application fees.

If you’ve been in the UK for less than 1 year, you’ll also need to prove you have enough money to support yourself.

Proving your identity and supplying supporting documents

You’ll either:

have your fingerprints and photograph taken at a visa application centre - this is to get a biometric residence permit

You’ll be told what you need to do when you apply.

If you do need an appointment:

the centre may need to keep your passport and documents while they process your application

you may have to travel to get to your nearest visa application centre (this could be in another country)

Apply to switch to a Start-up visa

You must apply online.

Once you’ve started your application, you can save your form and complete it later.

Start now

Continue your application

Sign in to your account using the link from your sign-up email.

How long it takes to get a decision

Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision within 3 weeks.

You’ll be contacted if your application will take longer, for example:

if you’re applying with a family member who needs an appointment but you do not

if your supporting documents need to be verified

if you need to attend an interview

because of your personal circumstances, for example if you have a criminal conviction

After you apply

If you need to change something in your application after you’ve sent it contact UK Visas and Immigration (UKVI).

You can ask to cancel your application. You’ll only get your fee refunded if UKVI has not started processing your application.

You’ll get an email or a letter containing the decision on your application. This will explain what you need to do next.


My father recently passed away. In his will he left me his shares in a software company. After doing a bit of research on the company I found out it counts as an unlisted company. What percentage Business Relief can I claim on these shares?

You can get Business Relief of either 50% or 100% on some of an estate’s business assets, which can be passed on:

Business Relief for Inheritance Tax

Overview

Business Relief reduces the value of a business or its assets when working out how much Inheritance Tax has to be paid.

Any ownership of a business, or share of a business, is included in the estate for Inheritance Tax purposes.

while the owner is still alive

as part of the will

How to claim relief

As the executor of the will or administrator of the estate, you can claim Business Relief when you’re valuing the estate.

You should fill in both:

form IHT400 (Inheritance Tax account)

schedule IHT413 (Business or partnership interests and assets)

You must use the market value of the business or asset when calculating relief at 50%.

You can claim relief on:

property and buildings

unlisted shares

machinery

What qualifies for Business Relief

You can get 100% Business Relief on:

a business or interest in a business

shares in an unlisted company

You can get 50% Business Relief on:

shares controlling more than 50% of the voting rights in a listed company

land, buildings or machinery owned by the deceased and used in a business they were a partner in or controlled

land, buildings or machinery used in the business and held in a trust that it has the right to benefit from

You can only get relief if the deceased owned the business or asset for at least 2 years before they died.

What doesn’t qualify for Business Relief

You can’t claim Business Relief if the company:

mainly deals with securities, stocks or shares, land or buildings, or in making or holding investments

is a not-for-profit organisation

is being sold, unless the sale is to a company that will carry on the business and the estate will be paid mainly in shares of that company

is being wound up, unless this is part of a process to allow the business of the company to carry on

You can’t claim Business Relief on an asset if it:

also qualifies for Agricultural Relief

wasn’t used mainly for business in the 2 years before it was either passed on as a gift or as part of the will

isn’t needed for future use in the business

If part of a non-qualifying asset is used in the business, that part might qualify for Business Relief.

Relief for agricultural property

You may be able to get Business Relief on a transfer of agricultural property (eg farmland, buildings or farm equipment) which isn’t eligible for agricultural relief.

Give away business property or assets

Someone can give away business property or assets while they’re still alive and the estate can still get Business Relief on Inheritance Tax, as long as the property or assets qualify.

How to get Business Relief on a gift

If someone gives away business property or assets, the recipient must keep them as a going concern until the death of the donor if they want to keep the relief.

They can:

replace the property or assets - like machinery - with something of equal value if it’s for use in the business

only get relief if the donor owned the business or asset for at least 2 years before the date it was given

When is a gift no longer liable for Inheritance Tax

Any gift made more than 7 years before the donor’s death doesn’t count towards their estate for Inheritance Tax purposes.

You may have to pay Capital Gains Tax or Income Tax if you sell, give away or exchange (‘dispose of’) an asset or property if it’s gone up in value during the time you owned it.

as part of the will

Business Relief for Inheritance Tax

Overview

Any ownership of a business, or share of a business, is included in the estate for Inheritance Tax purposes.

while the owner is still alive

as part of the will

How to claim relief

You should fill in both:

form IHT400 (Inheritance Tax account)

schedule IHT413 (Business or partnership interests and assets)

You must use the market value of the business or asset when calculating relief at 50%.

You can claim relief on:

property and buildings

unlisted shares

machinery

What qualifies for Business Relief

You can get 100% Business Relief on:

a business or interest in a business

shares in an unlisted company

You can get 50% Business Relief on:

shares controlling more than 50% of the voting rights in a listed company

land, buildings or machinery used in the business and held in a trust that it has the right to benefit from

You can only get relief if the deceased owned the business or asset for at least 2 years before they died.

What doesn’t qualify for Business Relief

You can’t claim Business Relief if the company:

mainly deals with securities, stocks or shares, land or buildings, or in making or holding investments

is a not-for-profit organisation

is being wound up, unless this is part of a process to allow the business of the company to carry on

You can’t claim Business Relief on an asset if it:

also qualifies for Agricultural Relief

isn’t needed for future use in the business

If part of a non-qualifying asset is used in the business, that part might qualify for Business Relief.

Relief for agricultural property

Give away business property or assets

How to get Business Relief on a gift

They can:

only get relief if the donor owned the business or asset for at least 2 years before the date it was given

When is a gift no longer liable for Inheritance Tax

You can claim relief on:

Business Relief for Inheritance Tax

Overview

Any ownership of a business, or share of a business, is included in the estate for Inheritance Tax purposes.

while the owner is still alive

as part of the will

How to claim relief

You should fill in both:

form IHT400 (Inheritance Tax account)

schedule IHT413 (Business or partnership interests and assets)

You must use the market value of the business or asset when calculating relief at 50%.

You can claim relief on:

property and buildings

unlisted shares

machinery

What qualifies for Business Relief

You can get 100% Business Relief on:

a business or interest in a business

shares in an unlisted company

You can get 50% Business Relief on:

shares controlling more than 50% of the voting rights in a listed company

land, buildings or machinery owned by the deceased and used in a business they were a partner in or controlled

land, buildings or machinery used in the business and held in a trust that it has the right to benefit from

You can only get relief if the deceased owned the business or asset for at least 2 years before they died.

What doesn’t qualify for Business Relief

You can’t claim Business Relief if the company:

mainly deals with securities, stocks or shares, land or buildings, or in making or holding investments

is a not-for-profit organisation

is being wound up, unless this is part of a process to allow the business of the company to carry on

You can’t claim Business Relief on an asset if it:

also qualifies for Agricultural Relief

wasn’t used mainly for business in the 2 years before it was either passed on as a gift or as part of the will

isn’t needed for future use in the business

If part of a non-qualifying asset is used in the business, that part might qualify for Business Relief.

Relief for agricultural property

Give away business property or assets

How to get Business Relief on a gift

They can:

only get relief if the donor owned the business or asset for at least 2 years before the date it was given

When is a gift no longer liable for Inheritance Tax

unlisted shares

Business Relief for Inheritance Tax

Overview

Any ownership of a business, or share of a business, is included in the estate for Inheritance Tax purposes.

while the owner is still alive

as part of the will

How to claim relief

You should fill in both:

form IHT400 (Inheritance Tax account)

schedule IHT413 (Business or partnership interests and assets)

You must use the market value of the business or asset when calculating relief at 50%.

You can claim relief on:

property and buildings

unlisted shares

machinery

What qualifies for Business Relief

You can get 100% Business Relief on:

a business or interest in a business

shares in an unlisted company

You can get 50% Business Relief on:

shares controlling more than 50% of the voting rights in a listed company

land, buildings or machinery owned by the deceased and used in a business they were a partner in or controlled

land, buildings or machinery used in the business and held in a trust that it has the right to benefit from

You can only get relief if the deceased owned the business or asset for at least 2 years before they died.

What doesn’t qualify for Business Relief

You can’t claim Business Relief if the company:

mainly deals with securities, stocks or shares, land or buildings, or in making or holding investments

is a not-for-profit organisation

is being wound up, unless this is part of a process to allow the business of the company to carry on

You can’t claim Business Relief on an asset if it:

also qualifies for Agricultural Relief

wasn’t used mainly for business in the 2 years before it was either passed on as a gift or as part of the will

isn’t needed for future use in the business

If part of a non-qualifying asset is used in the business, that part might qualify for Business Relief.

Relief for agricultural property

Give away business property or assets

How to get Business Relief on a gift

They can:

only get relief if the donor owned the business or asset for at least 2 years before the date it was given

When is a gift no longer liable for Inheritance Tax

You can get 100% Business Relief on:

Business Relief for Inheritance Tax

Overview

Any ownership of a business, or share of a business, is included in the estate for Inheritance Tax purposes.

while the owner is still alive

as part of the will

How to claim relief

You should fill in both:

form IHT400 (Inheritance Tax account)

schedule IHT413 (Business or partnership interests and assets)

You must use the market value of the business or asset when calculating relief at 50%.

You can claim relief on:

property and buildings

unlisted shares

machinery

What qualifies for Business Relief

You can get 100% Business Relief on:

a business or interest in a business

shares in an unlisted company

You can get 50% Business Relief on:

shares controlling more than 50% of the voting rights in a listed company

land, buildings or machinery owned by the deceased and used in a business they were a partner in or controlled

land, buildings or machinery used in the business and held in a trust that it has the right to benefit from

You can only get relief if the deceased owned the business or asset for at least 2 years before they died.

What doesn’t qualify for Business Relief

You can’t claim Business Relief if the company:

mainly deals with securities, stocks or shares, land or buildings, or in making or holding investments

is a not-for-profit organisation

is being wound up, unless this is part of a process to allow the business of the company to carry on

You can’t claim Business Relief on an asset if it:

also qualifies for Agricultural Relief

wasn’t used mainly for business in the 2 years before it was either passed on as a gift or as part of the will

isn’t needed for future use in the business

If part of a non-qualifying asset is used in the business, that part might qualify for Business Relief.

Relief for agricultural property

Give away business property or assets

How to get Business Relief on a gift

They can:

only get relief if the donor owned the business or asset for at least 2 years before the date it was given

When is a gift no longer liable for Inheritance Tax

shares in an unlisted company

Business Relief for Inheritance Tax

Overview

Any ownership of a business, or share of a business, is included in the estate for Inheritance Tax purposes.

while the owner is still alive

as part of the will

How to claim relief

You should fill in both:

form IHT400 (Inheritance Tax account)

schedule IHT413 (Business or partnership interests and assets)

You must use the market value of the business or asset when calculating relief at 50%.

You can claim relief on:

property and buildings

unlisted shares

machinery

What qualifies for Business Relief

You can get 100% Business Relief on:

a business or interest in a business

shares in an unlisted company

You can get 50% Business Relief on:

shares controlling more than 50% of the voting rights in a listed company

land, buildings or machinery owned by the deceased and used in a business they were a partner in or controlled

land, buildings or machinery used in the business and held in a trust that it has the right to benefit from

You can only get relief if the deceased owned the business or asset for at least 2 years before they died.

What doesn’t qualify for Business Relief

You can’t claim Business Relief if the company:

mainly deals with securities, stocks or shares, land or buildings, or in making or holding investments

is a not-for-profit organisation

is being wound up, unless this is part of a process to allow the business of the company to carry on

You can’t claim Business Relief on an asset if it:

also qualifies for Agricultural Relief

wasn’t used mainly for business in the 2 years before it was either passed on as a gift or as part of the will

isn’t needed for future use in the business

If part of a non-qualifying asset is used in the business, that part might qualify for Business Relief.

Relief for agricultural property

Give away business property or assets

How to get Business Relief on a gift

They can:

only get relief if the donor owned the business or asset for at least 2 years before the date it was given

When is a gift no longer liable for Inheritance Tax


I remarried last year, in January 2020, and I have been running my large estate alone. I want my partner to help me run my estate business and include him on my will. Will I be allowed to include him in my will?

Your will should set out:

Making a will

Overview

Your will lets you decide what happens to your money, property and possessions after your death.

If you make a will you can also make sure you do not pay more Inheritance Tax than you need to.

You can write your will yourself, but you should get advice if your will is not straightforward.

You need to get your will formally witnessed and signed to make it legally valid.

If you want to update your will, you need to make an official alteration (called a ‘codicil’) or make a new will.

If you die without a will, the law decides who gets what.

Write your will

Your will should set out:

who you want to benefit from your will

who should look after any children under 18

who is going to sort out your estate and carry out your wishes after your death (your executor)

what happens if the people you want to benefit die before you

You can also include a charity in your will.

When you need legal advice

You can get advice from a professional if your will is not straightforward, for example:

you share a property with someone who is not your husband, wife or civil partner

you want to leave money or property to a dependant who cannot care for themselves

you have several family members who may make a claim on your will, such as a second spouse or children from another marriage

your permanent home is outside the UK

you have property overseas

you have a business

Keep your will safe

You can keep your will at your home or store it with:

your solicitor

your bank

a company that offers the storage of wills - you can search online

the London Probate Service

Read full guidance on storing your will with the Probate
Service.

You should tell your executor (the person you’ve chosen to carry out your will), a close friend or relative where your will is.

Make sure your will is legal

For your will to be legally valid, you must:

be 18 or over

make it voluntarily

be of sound mind

make it in writing

sign it in the presence of 2 witnesses who are both over 18

have it signed by your 2 witnesses, in your presence

Signing can be witnessed both in person and remotely (for example by video conferencing). In both cases:

you must have a clear view of the person and the act of signing

the will maker (or person authorised to sign on their behalf) and witnesses must sign the same document

You can only sign remotely in England or Wales.

If you make any changes to your will you must follow the same signing and witnessing process.

You cannot leave your witnesses (or their married partners) anything in your will.

Update your will

You should review your will every 5 years and after any major change in your life, for example:

getting separated or divorced

getting married (this cancels any will you made before)

having a child

moving house

if the executor named in the will dies

Making changes to your will

You cannot amend your will after it’s been signed and witnessed. The only way you can change a will is by making an official alteration called a codicil.

You must sign a codicil and get it witnessed in the same way as witnessing a will.

There’s no limit on how many codicils you can add to a will.

Making a new will

For major changes you should make a new will.

Your new will should explain that it revokes (officially cancels) all previous wills and codicils. You should destroy your old will by burning it or tearing it up.

who you want to benefit from your will

Making a will

Overview

If you die without a will, the law decides who gets what.

Write your will

Your will should set out:

who you want to benefit from your will

who should look after any children under 18

what happens if the people you want to benefit die before you

You can also include a charity in your will.

When you need legal advice

your permanent home is outside the UK

you have property overseas

you have a business

Keep your will safe

You can keep your will at your home or store it with:

your solicitor

your bank

the London Probate Service

Make sure your will is legal

For your will to be legally valid, you must:

be 18 or over

make it voluntarily

be of sound mind

make it in writing

sign it in the presence of 2 witnesses who are both over 18

have it signed by your 2 witnesses, in your presence

you must have a clear view of the person and the act of signing

You can only sign remotely in England or Wales.

Update your will

getting separated or divorced

getting married (this cancels any will you made before)

having a child

moving house

if the executor named in the will dies

Making changes to your will

There’s no limit on how many codicils you can add to a will.

Making a new will

For major changes you should make a new will.

Making a will

Overview

If you die without a will, the law decides who gets what.

Write your will

Your will should set out:

who you want to benefit from your will

who should look after any children under 18

what happens if the people you want to benefit die before you

You can also include a charity in your will.

When you need legal advice

your permanent home is outside the UK

you have property overseas

you have a business

Keep your will safe

You can keep your will at your home or store it with:

your solicitor

your bank

the London Probate Service

Make sure your will is legal

For your will to be legally valid, you must:

be 18 or over

make it voluntarily

be of sound mind

make it in writing

sign it in the presence of 2 witnesses who are both over 18

have it signed by your 2 witnesses, in your presence

you must have a clear view of the person and the act of signing

You can only sign remotely in England or Wales.

Update your will

getting separated or divorced

getting married (this cancels any will you made before)

having a child

moving house

if the executor named in the will dies

Making changes to your will

There’s no limit on how many codicils you can add to a will.

Making a new will

For major changes you should make a new will.


My partner and I share responsibility for our son. I am an employee who earns the equivalent of £140 per week. I am eligible for share parental pay, but I am not sure how much I should get. What amount of pay should I expect if I take my shared parental leave?

ShPP is paid at the rate of £151.97 a week or 90% of an employee’s average weekly earnings, whichever is lower.

Shared Parental Leave and Pay: employer guide

Overview

Employees may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if they’ve had a baby or adopted a child.

Employees can start SPL if they’re eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as ShPP.

Employees can take SPL in up to 3 separate blocks. They can also share the leave with their partner if they’re also eligible. Parents can choose how much of the SPL each of them will take.

SPL and ShPP must be taken between the baby’s birth and first birthday (or within 1 year of adoption).

SPL and ShPP are only available in England, Scotland and Wales.

Eligibility

Sometimes only one parent in a couple will be eligible to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP). This means that they cannot share the leave.

If your employee is eligible then they can use SPL to book their leave in separate blocks.

Shared Parental Leave

To qualify for SPL, your employee must share responsibility for the child with one of the following:

their husband, wife, civil partner or joint adopter

the child’s other parent

their partner (if they live with them)

Your employee or their partner must be eligible for maternity pay or leave, adoption pay or leave or Maternity Allowance.

They must also:

still be employed by you while they take SPL

give you the correct notice including a declaration that their partner meets the employment and income requirements which allow your employee to get SPL

have been continuously employed by you for at least 26 weeks up to any day of the ‘qualifying week’, or the week they are matched with a child for adoption in the UK

The ‘qualifying week’ is the 15th week before the baby is due.

Statutory Shared Parental Pay

They can get ShPP if they’re an employee and one of the following applies:

they’re eligible for Statutory Maternity Pay (SMP) or Statutory Adoption Pay (SAP)

they’re eligible for Statutory Paternity Pay (SPP) and their partner is eligible for SMP, Maternity Allowance (MA) or SAP

They can also get ShPP if they’re a worker and they’re eligible for SMP or SPP.

Refusing SPL or ShPP

You can refuse SPL or ShPP if the employee does not qualify.

You must tell the employee the reason if you refuse ShPP. You do not have to give a reason for refusing SPL.

Entitlement

If an employee is eligible and they or their partner end maternity or adoption leave and pay (or Maternity Allowance) early, then they can:

take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as Shared Parental Leave (SPL)

take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as Statutory Shared Parental Pay (ShPP)

A mother must take a minimum of 2 weeks’ maternity leave following the birth (4 if she works in a factory).

Starting Shared Parental Leave

For Shared Parental Leave (SPL) to start, the mother or adopter must do one of the following:

end their maternity or adoption leave by returning to work

give you ‘binding notice’ (a decision that cannot normally be changed) of the date when they’ll end their maternity or adoption leave

end maternity pay or Maternity Allowance (if they’re not entitled to maternity leave, for example they’re an agency worker or self-employed)

The adoptive parent getting Statutory Adoption Pay must take at least 2 weeks’ adoption leave. They can take it from the day of the placement, or up to 14 days before the placement starts.

The mother must give you notice (at least 8 weeks) to end her maternity pay, or tell Jobcentre Plus to end her Maternity Allowance. Adopters must give you notice to end adoption pay.

SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she’s given binding notice to end her leave (or pay if she’s not entitled to leave).

What the employee must do

The employee must give you written notice if they want to start SPL or Statutory Shared Parental Pay (ShPP). They can do this using forms created by the Advisory, Conciliation and Arbitration Service (Acas).

After receiving this notice, you can ask for:

a copy of the child’s birth certificate

the name and address of their partner’s employer

You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.

Notice period

An employee must give at least 8 weeks’ notice of any leave they wish to take. If the child is born more than 8 weeks early, this notice period can be shorter.

Your employee has a statutory right to a maximum of 3 separate blocks of leave, although you can allow more if you wish.

Cancelling the decision to end maternity or adoption leave

The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:

the planned end date has not passed

they have not already returned to work

One of the following must also apply:

it’s discovered during the 8-week notice period that neither partner is eligible for either SPL or ShPP

the employee’s partner has died

it’s less than 6 weeks after the birth (and the mother gave notice before the birth)

Shared parental leave in touch (SPLIT) days

Your employee can work up to 20 days during SPL without bringing it to an end. These are called ‘shared parental leave in touch’ (or SPLIT) days.

These days are in addition to the 10 ‘keeping in touch’ (or KIT) days already available to those on maternity or adoption leave.

Keeping in touch days are optional - both you and your employee must agree to them.

Blocks of leave

An employee taking Shared Parental Leave (SPL) can split their leave into up to 3 separate blocks instead of taking it all in one go, even if they are not sharing the leave with their partner.

If both parents are taking SPL then they can take their leave at the same time as each other or at different times.

The employee must give you at least 8 weeks’ notice before a block of leave begins.

Splitting blocks

If you agree, the employee can split a block of leave into shorter periods of at least a week. For example they could work every other week during a 12-week block, using a total of 6 weeks of their SPL.

You cannot turn down a request for a block of leave if the employee is eligible and gives you the right notice. You do not have to agree to the employee breaking the block of leave into shorter periods.

Record keeping

You must keep records for HM Revenue and Customs (HMRC), including:

the evidence provided by the employee to show that they’re eligible for ShPP

the date ShPP began

your ShPP payments (including dates)

the ShPP you’ve reclaimed

any weeks you did not pay and why

You must keep records for at least 3 years from the end of the tax year they relate to.

Help with statutory pay

For financial help with statutory pay, you can:

reclaim payments (usually 92%)

apply for an advance if you cannot afford payments