Section 8E: Residence nil-rate amount: interest in home goes to descendants etc

Inheritance Tax Act 1984 · 1984 c. 51View on legislation.gov.uk

Part I: GENERAL

Subsections (2) to (7) apply if—

the person's estate immediately before the person's death includes a qualifying residential interest, and
N% of the interest is closely inherited, where N is a number—
greater than 0, and
less than or equal to 100,

and in those subsections "NV/100" means N% of so much (if any) of the value transferred by the transfer of value under section 4 on the person's death as is attributable to the interest.

Where—

E is less than or equal to TT, and
NV/100 is less than the person's default allowance,

the person's residence nil-rate amount is equal to NV/100 and an amount, equal to the difference between NV/100 and the person's default allowance, is available for carry-forward.

Where—

E is less than or equal to TT, and
NV/100 is greater than or equal to the person's default allowance,

the person's residence nil-rate amount is equal to the person's default allowance (and no amount is available for carry-forward).

Where—

E is greater than TT, and
NV/100 is less than the person's adjusted allowance,

the person's residence nil-rate amount is equal to NV/100 and an amount, equal to the difference between NV/100 and the person's adjusted allowance, is available for carry-forward.

Where—

E is greater than TT, and
NV/100 is greater than or equal to the person's adjusted allowance,

the person's residence nil-rate amount is equal to the person's adjusted allowance (and no amount is available for carry-forward).

Subsections (2) to (5) have effect subject to subsection (7) and sections 8FC and 8M(2B) to (2E).

Where the person's residence nil-rate amount as calculated under subsections (2) to (5) without applying this subsection is greater than VT—

the person's residence nil-rate amount is equal to VT,
where E is less than or equal to TT, an amount, equal to the difference between VT and the person's default allowance, is available for carry-forward, and
where E is greater than TT, an amount, equal to the difference between VT and the person's adjusted allowance, is available for carry-forward.

See also—

  • section 8FC (modifications of this section where there is entitlement to a downsizing addition),

  • section 8H (meaning of "qualifying residential interest" , "qualifying former residential interest" and "residential property interest"),

  • section 8J (meaning of "inherit"),

  • section 8K (meaning of "closely inherited"), and

  • section 8M (cases involving conditional exemption).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.