I have an estate with some RNRB and some “old style” nil rate band trust wrinkles.
H died pre 2017. Thus no use of his RNRB. His entire estate was below the nil rate band and did not pass to the spouse as he had an old style nil rate band trust.
W has died, owning her share of the home (held as tenants in common) plus other assets that bring her estate to £350k. Her entire estate passes to the children.
We could (I suppose) claim H’s TRNRB. But it seems there is no need because using W’s RNRB will bring her estate below the nil rate band.
Once I have completed IHT435 to claim W’s RNRB, can I then complete IHT205 or must I complete IHT400? I’ve had a look at IHT205 but it’s not clear to me whether I can use it.
Thanks in advance for any help with this, and apologies if the question has been asked before. I did search but didn’t find anything.
For death pre 1.1.22, W’s estate does not qualify as an exempt excepted estate as no part of her estate is transferred to a surviving spouse or charity [SI 2543 (as amended) Reg 4(3)].
W’s estate similarly does not qualify as a low value excepted estate. The IHT threshold is in W’s case £325k (which her estate of 340k exceeds); assuming that W cannot claim for a transfer of H’s unused NRB as on H’s death his NRB was fully utilised.
The RNRB/TRNRB is irrelevant for deaths pre 1.1.22.
When I have an RNRB to claim in an Estate over £325k (or £650k with TNRB), I have used IHT400. As I can see it, there is no provision to use IHT205 with a claim for RNRB.
Please let me know if you find out otherwise, as it would save some time!
You may wish to check with the IHT helpline.