Commentary

I4.161B Nil rate band transfer―claims

IHT, trusts and estates

I4.161B Nil rate band transfer―claims

I4.161B Nil rate band transfer―claims

Form to submit

Nil rate band transfer is only available if it is claimed in accordance with IHTA 1984, s 8B1. Where a full IHT400 is submitted, the personal representatives (PRs) should complete schedule IHT402. Where the IHT205 (excepted estates) is submitted, the IHT217 is used to make the claim. Note, that the IHT205 can only be used where none of the nil rate band was used on the first death (and thus 100% is available for transfer). If there is only a partial nil rate band available for transfer, the IHT205 cannot be used and a full IHT400 must be submitted.

For further information on the IHT400 and IHT205, generally, see I11.212 onwards.

Burden of proof and paperwork

Where a claim for nil rate band transfer is made the burden will be on the taxpayer to show that the dispositions on A's death did not make full use of the available nil rate band. It will be important to retain relevant records, particularly where A died intestate, or was a joint tenant of property, or left a Will which did not leave all A's estate to B, or had an interest in possession in settled property.

Where A is the first to die and B is the second, B's PRs should submit with their claim for nil rate band transfer copies of:

  1.  

    •     the grant of representation to A's estate (or death certificate if none was taken out)

  2.  

    •     the

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