Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“LexisPSL and the other Lexis solutions support our business in exactly the way we want. They enable us to quickly turn around work and deliver the best possible service to our clients.”

SBP Law

Access all documents on Transferable nil rate band (TNRB)

Transferable nil rate band (TNRB) meaning

What does Transferable nil rate band (TNRB) mean?
A practical inheritance tax mechanism allowing the estate of a surviving spouse or civil partner to use the unused proportion of the first deceased’s nil rate band (NRB), increasing the tax-free threshold on the second death. Although commonly described as the “transferable nil rate band”, it is provided for in legislation (Inheritance Tax Act 1984, section 8A). The entitlement is calculated as a percentage of the NRB unused on the first death and is applied to the NRB in force at the second death, up to a maximum of doubling the standard NRB. It is typically available where assets on the first death passed to the survivor or to charity (and so did not use the NRB). Personal representatives of the second estate claim the TNRB as part of the IHT reporting process, usually within two years of the second death (HMRC may accept late claims). The TNRB applies uniformly across England and Wales, Scotland and Northern Ireland. It does not apply in Ireland, which operates Capital Acquisitions Tax with different thresholds and exemptions. The residence nil rate band is separate and has its own transfer rules.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Transferable nil rate band (TNRB)

PRACTICE NOTES
UK IHT: Nil Rate Band, Transferable NRB and Residence Nil Rate Band - Calculation, Claims, Time Limits, Domicile and Will Structuring

Nil rate band (NRB) and transferable nil rate band (TNRB) Each individual’s estate is assessed for inheritance tax (IHT), but a portion is charged at zero per cent, known as the nil rate band (NRB). For the 2023–24 tax year this stands at £325,000. The government stated in the Autumn Statement 2022 that this figure will be held at the same level until 5 April 2028. See: Autumn Statement 2022—Private Client analysis—Key Private Client announcements. Before 9 October 2007, where the chargeable transfer on death did not fully use the deceased’s available NRB—either because the estate was below the threshold or assets passed to an exempt beneficiary—the associated tax saving was not completely realised. A common illustration is spouses leaving their whole estates to each other under a Will; and, in the absence of a Will, a substantial share, if not the entire estate, often passes to the surviving spouse under the intestacy rules. As transfers between spouses are exempt from IHT, such gifts are not chargeable transfers...

Read More Right Arrow
PRACTICE NOTES
Transfers between spouses and civil partners: UK IHT, CGT and income tax—spousal exemptions, FA 2025 long-term residence, anti-avoidance, separation rules, and planning using NRB, TNRB and RNRB

It is common for spouses or civil partners to wish to give gifts to one another, as sharing possessions is a familiar feature of coupledom. This reflects the everyday reality of jointly owned property and pooled resources. The label ‘spouses’ in this Practice Note covers both married pairs and those in a registered civil partnership, of any gender. For clarity, the term is applied inclusively and neutrally. Balancing the pair’s holdings so each enjoys personal financial stability can be prudent, and it also opens up the widest opportunities for tax planning. For instance, where one spouse is taxed on income at a higher rate than the other, it is logical to shift more income-producing assets to the spouse taxed at lower rates. An equivalent approach works for capital gains tax (CGT): aim for each spouse to use their annual exemption on chargeable disposals and to be taxed at the lowest rates available. Since spouses may transfer assets between themselves without triggering inheritance tax (IHT), CGT or income tax, there is...

Read More Right Arrow