IHT400 - Do I need to complete this?

RAS

Was your mother never married, widowed, divorced or previously in a civil partnership?

weehearty98

RAS said:

Was your mother never married, widowed, divorced or previously in a civil partnership?

Yes - she was married but divorced for 40 years

weehearty98

weehearty98 said:

probate_slave said:

Reservation of benefit ended in 2023, so the house is deemed to be a PET gifted in that year. What was its sale value (there is also a maximum £250k gifts condition)?

Strictly you are required to file IHT400 since the estate fails to qualify for low value excepted status. Like you I can't see how it's worthwhile for HMRC to process an IHT400 return in such a case. Was there an avoidance loophole needing to be plugged? However, the conditions are clear at IHTM06012, also on gov.uk and in the legislation below. Nevertheless, and speaking as a law-abiding citizen, I doubt there would be consequences on you for failing to submit the IHT return

Thanks - appreciate your reply.  The house value is £170k at death and other assets once added estate is £290k - no other gifts/loopholes involved.

Apologies - the sales value was £162000 when it was sold