Residence nil rate band ― trusts, downsizing and lifetime gifts

Produced by a Tolley Trusts and Inheritance Tax expert

Trusts and Inheritance Tax

Guidance

Further aspects of the residence nil rate band (RNRB)

The RNRB is an addition to the basic nil rate band (NRB), which further reduces the inheritance tax payable on death. The principal provisions are described in the Residence nil rate band ― main provisions guidance note. This guidance note looks at some of the more advanced aspects.

Settled property

There are limited circumstances in which property passing out of or into a trust qualifies for the RNRB.

Where a person (D) has a qualifying interest in possession (QIIP) in settled property, it forms part of his estate on death. If the QIIP includes a residence, it will be eligible for the RNRB if it passes absolutely to a lineal descendant of D.

The RNRB will not apply if it passes to a succeeding interest in possession. This is because the subsequent interest in possession will not be a QIIP so the beneficiary will not be ‘beneficially entitled’. However, it is thought that the RNRB would be

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