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unused inheritance tax from 2001

F2KSel
F2KSel Posts: 38
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My mother passed a few weeks back and after going through her accounts it looks like she may have to pay IHT.

Can I use my dads unused inheritance tax from 2001 and is there a link to that information on HMRC?

I'm struggling to find it.








Comments

  • F2KSel
    F2KSel Posts: 38
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    Thanks I've been struggling to find the correct information.
  • lincroft1710
    lincroft1710 Posts: 19,705
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    Your mother won't pay IHT, but her estate may.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • DRS1
    DRS1 Posts: 3,745
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    F2KSel said:
    Thanks I've been struggling to find the correct information.
    What information do you mean?  Is it what the law is (see the link up above) or is it what the facts are?  In other words do you not know what your father's estate was worth when he died and what he did with it?  If his estate was handled by a firm of solicitors then you should ask them.
  • F2KSel
    F2KSel Posts: 38
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    edited 20 January at 6:11AM
    DRS1 said:
    F2KSel said:
    Thanks I've been struggling to find the correct information.
    What information do you mean?  Is it what the law is (see the link up above) or is it what the facts are?  In other words do you not know what your father's estate was worth when he died and what he did with it?  If his estate was handled by a firm of solicitors then you should ask them.
    What I was trying to find out is it possible to use my fathers unused tax allowance from 2001. He left everything to my mother who has just passed. After re-reading it I'm confused again, why is it so hard to find the correct information on HMRC.

     I think the form is IHT402, I had seen it before but read it incorectly.

    Can anyone confirm this is the correct form to use when the first spouse died in 2001.


  • Yes — the unused nil-rate band can still be transferred even where the first spouse died before 2007, provided everything passed to the surviving spouse. The claim is made on the second death using IHT402, which is submitted with the IHT400 for your mother’s estate. You don’t need to reopen the 2001 estate.
  • DRS1
    DRS1 Posts: 3,745
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    Yes as said above when the form says use this form "if the deceased died on or after 9 October 2007" the deceased in question is your mother not your father.
  • F2KSel
    F2KSel Posts: 38
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    edited 20 January at 4:15PM
    Thanks for confirming that guys, much appreciated.

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