Category: Inheritance Tax

Tax return for deceased person

Inheritance Tax (IHT) impacts estates over £325,000, with rates of 40% on death and 20% on certain gifts. A 36% reduced rate applies if 10% of the estate is left to charity. Executors must value estates and may need to file tax returns for the deceased and their estate.

The current IHT nil rate band is £325,000 per person, below which no IHT is payable. This is the amount that can be passed on free of IHT as a tax-free threshold.

A reduced rate of IHT of 36% (reduced from 40%) applies where 10% or more of a deceased’s net estate after deducting IHT exemptions, reliefs and the nil rate band is left to charity.

In order to ascertain whether or not IHT is due, the personal representative (an executor or administrator) of the deceased must value the deceased's estate. The personal representative is legally responsible for dealing with the deceased’s money, property and possessions (their estate). As part of this process, a tax return for the deceased may be required.

 This could be:

• a self-assessment tax return for income the person earned before they died; or
• a separate self-assessment tax return for income the ‘estate’ generated after the person died.

Inheritance Tax thresholds and the RNRB

Inheritance Tax nil-rate bands remain frozen until April 2030. Learn how this affects estates, the residence nil-rate band, and planning opportunities to maximise tax-free inheritance for loved ones.

The Inheritance Tax (IHT) nil-rate bands have been frozen for a number of years and had been set to remain at current levels until 5 April 2028. As part of the Budget measures, it was confirmed that the rates will remain at the same level for a further 2 years until 5 April 2030.

This means that:

• the nil-rate band will continue at £325,000;
• residence nil-rate band will continue at £175,000; and
• residence nil-rate band taper will continue to start at £2 million.

The residence nil rate band (RNRB) is a transferable allowance for married couples and civil partners (per person) when their main residence is passed down to a direct descendent such as children or grandchildren after their death. The allowance is available to the deceased person’s children or grandchildren.

Any unused portion of the RNRB can be transferred to a surviving spouse or partner. The RNRB is on top of the £325,000 nil-rate band. The allowance is available to the deceased person's children or grandchildren. Taken together with the current IHT limit of £325,000 this means that married couples and civil partners can pass on property worth up to £1 million (£325,000 x 2 plus £175,000 x 2) free of IHT to their direct descendants.

The transfer does not happen automatically and must be claimed from HMRC when the second spouse or civil partner dies. This is usually done by the executor making a claim to transfer the unused RNRB from the estate of the spouse or civil partner that died first.

There is a tapering of the RNRB for estates worth more than £2 million even where the family home is left to direct descendants. The additional threshold will be reduced by £1 for every £2 that the estate is worth more than the £2 million taper threshold. This can result in the full amount of the RNRB being tapered away.

IHT nil rate band reduction for large estates

Married couples and civil partners may be able to pass on up to £1 million of their estate tax-free with the Residence Nil Rate Band. Claiming this transferable allowance could secure your family home for future generations. Make sure your estate planning takes this into account.

The Residence Nil Rate Band (RNRB) for Inheritance Tax is a transferable allowance available to married couples and civil partners when their main residence is inherited by direct descendants, such as children or grandchildren, after their death.

Currently, the maximum RNRB allowance is £175,000 per person, and it can be transferred to a surviving spouse or partner if unused. This is in addition to the existing £325,000 Inheritance Tax (IHT) nil-rate band. Together with the IHT limit, this allows married couples and civil partners to pass on property valued up to £1 million free of IHT to their direct descendants.

The RNRB is subject to tapering for estates valued over £2 million, even if the family home is left to direct descendants. For every £2 the estate exceeds the £2 million threshold, the additional allowance is reduced by £1. This means that, for large estates, the full amount of the RNRB could be entirely tapered away. This means that for estates valued over £2,350,000 for individuals or £2,700,000 for married couples, the RNRB would be reduced to nil.

The transfer of any unused RNRB does not occur automatically; it must be claimed from HMRC when the surviving spouse or civil partner passes away. Typically, the estate's executor will file the claim to transfer the unused RNRB from the estate of the first deceased spouse or civil partner. This transfer can also be made if the first spouse or civil partner died before the RNRB was introduced on 6 April 2017.