Inheritance Tax: new 'family home allowance' exclusions you need to know about
A new 'residence nil rate band' for Inheritance Tax is set to launch, but not everyone will be able to benefit. Here’s what you need to know.
A new Inheritance Tax (IHT) allowance called the ‘Residence Nil Rate Band’ (RNRB) will launch on 6 April 2017.
More commonly known as the 'family home allowance', it will work on top of the usual £325,000 IHT ‘Basic Nil Rate Band’ (£650,000 for married couples/civil partnerships), allowing people to pass on a property to their children or grandchildren and save them thousands in death duties.
The RNRB is transferable and will be phased in over four years; starting at £100,000 in 2017/18, rising £25,000 a year to reach £175,000 by 2020/21.
Eventually, a couple will be able to combine their basic and residence allowances to pass on a property worth £1 million.
However, the new rules won’t benefit everyone. Here are the major exclusions you need to know about.
Siblings and other relatives
The new IHT allowance is only available on property being passed to ‘direct descendants’, which includes children and grandchildren, as well as stepchildren, adopted and foster children.
That means brothers, sisters, nieces, nephews and other relatives aren’t eligible to benefit from the RNRB, even if you have no direct descendants to pass your property to.
Homes in ‘discretionary trusts’
Discretionary trusts used to be popular because they allowed a couple to combine both their IHT allowances, which at the time could not be transferred as they can be today.
Many still have them as a way to control what happens to assets after death, particularly if they have children under the age of 18.
However, the new main resident nil-band for IHT explicitly excludes a home held in a discretionary trust from benefiting from the RNRB allowance.
Discretionary trusts are excluded because assets held are technically owned by the trust and controlled by the trustee rather than the beneficiaries.
The Government guidelines state: “The availability of the RNRB will depend on the type of trust. This is because the type of trust will affect whether HMRC treat the home as part of a person’s estate for IHT purposes.
"It will also affect whether HMRC treat that person’s direct descendants as inheriting the home….
“If a home is put into a discretionary trust on death, the deceased’s estate won’t qualify for the RNRB even if the beneficiaries are direct descendants of the deceased.
"Whether the beneficiaries are entitled to use the home is at the discretion of the trustees, so the home won’t form part of any beneficiary’s estate and they’ll not be treated as inheriting the home.”
Lawyers are warning that hundreds of thousands of people could miss out on the allowance unless they dismantle these trust arrangements.
You should seek help from a solicitor or another professional advisor if you have a discretionary trust to find out your options.
Estates over £2 million
Estates worth more than £2 million will see the RNRB allowance tapered even if a property is left to direct descendants.
The RNRB will be reduced by £1 for every £2 the value of the estate exceeds the £2 million threshold.
So, for an individual the RNRB will be lost should their estate be worth £2.35 million (£2.7 million for a surviving spouse) in 2020/21.
You might want to consider how to reduce the value of your estate before you die to ensure this threshold doesn’t impact your family. Read: How to cut your Inheritance Tax bill.
Buy-to-let properties
Only one residential property will qualify for RNRB, which your personal representative can choose to maximize the allowance.
However, you must have lived in a property as a residence at some point for it to qualify for the RNRB.
So, a buy-to-let property that has always been rented out won’t be eligible to benefit from the allowance.
Inheritance Tax planning: what you need to do
With the basic IHT nil rate band frozen at £325,000 until the end of 2020/21 the new RNRB allowance will be important for planning a tax efficient way to pass on your wealth.
However, you should think about how probate fees and rising property prices will impact your tax liability not just now but in the future.
For more information on how pass on more of your wealth to loved ones rather than the taxman take a look at our guide: How to cut your Inheritance Tax bill.
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