Family home ― co-ownership / co-occupation arrangements

Produced by Tolley in association with Emma Haley at Boodle Hatfield LLP
Trusts and Inheritance Tax
Guidance

Family home ― co-ownership / co-occupation arrangements

Produced by Tolley in association with Emma Haley at Boodle Hatfield LLP
Trusts and Inheritance Tax
Guidance
imgtext

The family home will often be the most valuable asset in a client’s estate, and advisors are frequently asked if there are ways to mitigate inheritance tax (IHT) on the home while the client remains in residence.

Various anti-avoidance measures make this difficult. The principal difficulties for IHT are the gifts with reservation of benefit (GWR) and pre-owned assets tax (POAT) rules, considered further below.

Any dealings with the family home must also take account of capital gains tax (CGT) and the valuable principal private residence relief (PPR) in particular. Ideal planning will aim to preserve this as well as reducing the IHT burden, except in rare cases where the home is never likely to be disposed of.

Non-tax issues are paramount, and home owners considering a tax mitigation arrangement should be wary of any risk to their continued occupation of the property if this becomes reliant on the consent or co-operation of other family members. Therefore, any IHT planning involving the home should only

Continue reading the full document
To gain access to additional expert tax guidance, workflow tools, generative tax AI, and tax research, register for a free trial of Tolley+™
Emma Haley
Emma Haley linkedinicon twittericon worldicon

Associate at Boodle Hatfield LLP 


Emma Haley is a senior associate solicitor at leading private client firm, Boodle Hatfield LLP, renowned for providing first-class and practical legal advice to wealthy clients around the world.Emma has many years experience in dealing with all aspects of wills, probate, capital taxation and succession planning as well as UK and offshore trusts. Emma currently heads up a technical know-how team and is a regular writer and lecturer on estate planning and inheritance tax and also a member of the Society of Trust and Estate Practitioners.

Powered by Tolley+
  • 09 Dec 2025 10:30

Popular Articles

Payment of tax due under self assessment

Payment of tax due under self assessmentNormal due dateIndividuals are usually required to pay any outstanding income tax, Class 2 and Class 4 national insurance, and capital gains tax due for the tax year by 31 January following the end of the tax year (ie 31 January 2025 for the 2023/24 tax year).

14 Jul 2020 12:52 | Produced by Tolley Read more Read more

Taxation of dividend income

Taxation of dividend incomeIntroductionA dividend is a distribution of profit by a company to its shareholders.A dividend is not only a payment in cash. It can be the issue of new shares in exchange for forfeiting the right to a cash payment (a stock dividend). For more detail, see the Cash

14 Jul 2020 13:48 | Produced by Tolley Read more Read more

Computation of corporation tax

Computation of corporation taxCompanies pay corporation tax on the taxable total profits (TTP) generated in a chargeable accounting period (CAP).To ascertain whether the entity is within the charge to corporation tax, see the Charge to corporation tax guidance note.For more information on the type

14 Jul 2020 11:16 | Produced by Tolley Read more Read more