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IHT205/400 and residence nil rate band
jsatellite
Posts: 54 Forumite
The value of my late mother's estate including her house is about £350,000, so just over the tax threshold. My sister and I are the only beneficiaries. Our father died 40 years ago (we lived in New Zealand at the time) leaving everything to Mum. I could claim to transfer his unused nil rate band, but as his estate was in NZ I'm not sure it would be valid. Alternatively I could apply the residence NRB. Either way, there shouldn't be any inheritance tax to pay. So would that qualify Mum's estate as an "excepted estate"? And could I use the simpler IHT205 form rather than the full IHT400? When getting quotes from probate solicitors, one said they'd be submitting IHT205, the other IHT400. Any clarity would be appreciated.
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There is nothing stopping you claiming the transferable NRB. His place of residence at the time of his death does not matter.
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm43042
Unless your mother’s estate is complex you and your sibling should be able to complicate probate without engaging a solicitor to do it. Apart from the expense solicitors usually take much longer to complete probate than executors doing it themselves.0 -
But is there any need to claim transferrable NRB as estate inc house is £k350 which is below the £k325 personal plus £k175 residence = £k500 total.0
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WaywardDriver said:But is there any need to claim transferrable NRB as estate inc house is £k350 which is below the £k325 personal plus £k175 residence = £k500 total.
That would be more straightforward. Looking at IHT435 (to claim for RNRB), it asks for an inheritance tax reference number. Do you know if I have to apply for that even though there won't be tax to pay?0 -
Yes, solicitors say 3 months just to apply, then 6-9 months to administer (and several thousand of pounds). Whereas I'm seeing people on here granted probate with a couple of weeks or a month. It's just my sister that needs convincing.Keep_pedalling said:Unless your mother’s estate is complex you and your sibling should be able to complicate probate without engaging a solicitor to do it. Apart from the expense solicitors usually take much longer to complete probate than executors doing it themselves.0 -
Other forms e.g. IHT406 say IHT Ref Num if known which you might assume should also apply to IHT435.jsatellite said:WaywardDriver said:But is there any need to claim transferrable NRB as estate inc house is £k350 which is below the £k325 personal plus £k175 residence = £k500 total.
That would be more straightforward. Looking at IHT435 (to claim for RNRB), it asks for an inheritance tax reference number. Do you know if I have to apply for that even though there won't be tax to pay?
IHT422 (application for ref num) makes it clear only needed if IHT to pay.0
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