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Inheritance Tax Planning

The Nil Rate Band Explained

The nil rate band is the cornerstone of inheritance tax planning in England and Wales. Understanding how the £325,000 threshold works — and how to maximise it through the residence nil rate band and spousal transfers — can protect hundreds of thousands of pounds from HMRC.

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The Nil Rate Band at a Glance

Six key facts every person with an estate in England and Wales should understand about the nil rate band.

The Basic Nil Rate Band

Every individual has a nil rate band of £325,000. This is the amount of your estate that can pass free of inheritance tax. Anything above this threshold is taxed at 40%.

Residence Nil Rate Band

An additional allowance of up to £175,000 applies when you leave your main home to direct descendants (children, grandchildren). This is on top of the standard £325,000 NRB.

Transferable NRB for Spouses

If a spouse or civil partner does not use all of their NRB on first death, the unused percentage can be transferred to the surviving spouse — potentially doubling the threshold to £650,000.

Up to £1 Million Tax-Free

Married couples and civil partners who leave their home to direct descendants can combine both NRBs and both RNRBs — protecting up to £1 million from inheritance tax.

RNRB Tapering for Large Estates

The residence nil rate band is tapered for estates worth more than £2 million. For every £2 above the £2 million threshold, the RNRB is reduced by £1 — disappearing entirely at £2.35 million.

Frozen Until 2030

The nil rate band has been frozen at £325,000 since 2009 and is set to remain frozen until at least April 2030. As house prices and asset values rise, more estates are being drawn into the IHT net.

IHT Allowances at a Glance

Current nil rate band and residence nil rate band allowances for 2025/26 — frozen until at least April 2030.

AllowanceAmount
Standard Nil Rate Band (per person)£325,000
Residence Nil Rate Band (per person)£175,000
Combined NRB + RNRB (per person)£500,000
Transferable NRB (married couples)£650,000
Transferable NRB + RNRB (married couples)£1,000,000

Figures correct for the 2025/26 tax year. Both bands are frozen until at least April 2030.

How the Nil Rate Band is Applied

The nil rate band is applied in a specific order when calculating the IHT due on an estate.

1

Value the Estate

Add up all assets (property, savings, investments, personal possessions) and deduct debts, funeral expenses, and any charitable legacies. This gives the net taxable estate.

2

Apply the Nil Rate Band

The first £325,000 of the net estate is covered by the NRB and taxed at 0%. If the deceased was a surviving spouse who inherited an unused NRB, this can be up to £650,000.

3

Apply the Residence Nil Rate Band (if eligible)

If the deceased owned a qualifying home and left it to direct descendants, apply the RNRB (up to £175,000, or up to £350,000 for a surviving spouse with a transferred RNRB).

4

Calculate IHT on the Remainder

Any estate value above the combined NRB and RNRB is taxed at 40%. If at least 10% of the net estate is left to charity, the rate reduces to 36%.

The Residence Nil Rate Band — Conditions & Caveats

The RNRB is a valuable additional allowance, but it comes with conditions. Not every estate qualifies.

You Must Own a Qualifying Residence

The RNRB applies to a property that has been your main home at some point. It does not apply to buy-to-let properties or investment properties that you have never lived in.

Must Pass to Direct Descendants

The property must be left to direct descendants — children (including stepchildren, adopted children, and foster children), grandchildren, or their spouses and civil partners. Siblings, nieces, nephews, and friends do not qualify.

Tapered for Estates Over £2 Million

The RNRB is reduced by £1 for every £2 that the net estate exceeds £2 million. An estate worth £2.35 million or more receives no RNRB at all.

Downsizing Addition

If you sold a larger home after 8 July 2015 and moved to a smaller property (or into care), the "downsizing addition" protects the RNRB you would have received on the original property.

Unmarried Partners Cannot Transfer the NRB

The transferable nil rate band is only available to married couples and civil partners. Cohabiting partners — regardless of how long they have lived together — cannot transfer their NRB to each other. This is one of the most significant financial disadvantages of not formalising a relationship. If you are cohabiting, a carefully drafted will and IHT planning strategy is essential.

How Lifetime Gifts Interact with the Nil Rate Band

Gifts made in the 7 years before death can reduce the nil-rate band available to your estate — a critical planning consideration.

PETs Erode the NRB

Failed Potentially Exempt Transfers (gifts made within 7 years of death) are added to the estate and the NRB is applied to them first — oldest gifts first. This can reduce the NRB available to the rest of the estate.

CLTs Also Use the NRB

Chargeable Lifetime Transfers (gifts into trusts) made in the 7 years before death are also cumulated with the estate and reduce the available NRB. This is known as the "7-year cumulation principle".

Record All Gifts

Your executors must report all gifts made in the 7 years before death on Form IHT400. Without records, HMRC may challenge the estate and the full NRB may not be available.

Frequently Asked Questions

What is the nil rate band?
The nil rate band (NRB) is the amount of your estate that can pass free of inheritance tax. Currently set at £325,000 per person, it has been frozen at this level since 2009 and is expected to remain frozen until at least April 2030. Any estate value above the NRB is taxed at 40%.
What is the residence nil rate band?
The residence nil rate band (RNRB) is an additional IHT allowance of up to £175,000 that applies when you leave your main home to direct descendants (children, grandchildren, or their spouses). Combined with the standard NRB, an individual can pass up to £500,000 free of IHT.
Can married couples combine their nil rate bands?
Yes. When the first spouse or civil partner dies, any unused NRB can be transferred to the surviving spouse. This means the surviving spouse can have a combined NRB of up to £650,000. The same applies to the RNRB — giving a combined maximum of £1 million for couples who leave their home to direct descendants.
How do I claim the transferable nil rate band?
The transferable NRB is claimed by the executors of the surviving spouse's estate. They must submit Forms IHT400 and IHT402 to HMRC, along with supporting documents including the first spouse's death certificate, their will, and evidence of the estate value at first death. The claim must be made within 24 months of the end of the month in which the second spouse died.
Does the nil rate band apply to lifetime gifts?
Yes. The NRB is applied to failed Potentially Exempt Transfers (gifts made within 7 years of death) before it is applied to the rest of the estate. If large gifts were made in the 7 years before death, they can erode the NRB available to the estate — potentially increasing the IHT payable on remaining assets.
What happens to the RNRB if I downsize?
If you sold a larger home after 8 July 2015 and moved to a smaller property (or into care), the "downsizing addition" protects the RNRB you would have received on the original property. The qualifying assets must still be left to direct descendants.
Is the nil rate band the same in Scotland?
The nil rate band and residence nil rate band apply across the UK, including Scotland. However, inheritance tax is a reserved matter — the rules are set by Westminster and apply equally in England, Wales, Scotland, and Northern Ireland.
Can unmarried partners benefit from the transferable nil rate band?
No. The transferable NRB is only available to married couples and civil partners. Unmarried partners — regardless of how long they have lived together — cannot transfer their NRB to each other. This is one of the most significant financial disadvantages of not being married or in a civil partnership.
What is the nil rate band for 2025/26?
The nil rate band remains at £325,000 for the 2025/26 tax year. The residence nil rate band remains at £175,000. Both are frozen until at least April 2030 under current government policy.

Get Expert Advice on Maximising Your Nil Rate Band

Our wills and estates solicitors can help you structure your estate to make the most of the nil rate band, residence nil rate band, and spousal transfers — potentially saving your family hundreds of thousands in inheritance tax.

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