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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15950
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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Elderly wife and husband happily live in the same house.

Customer Question

Elderly wife and husband happily live in the same house. Wife only owns the house written on the deeds. Wife dies leaves everything to husband. House valued at £500,000 does the husband have to pay any tax on it as it is over the inheritance tax threshold ? If not does it go onto his tax allowance when he dies? If so , when he dies and has had to sell everything including the house because of going in a care home and has no money left ,do the children have to pay the tax?
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.

Hi.

Inheritance Tax is paid by the estate of the deceased. As the house has been left by one spouse to another spouse, the transfer is exempt from IHT. As the late wife does not appear to have used any of her £325,000 nil-rate IHT band, that can be transferred to the husband's estate when he dies, potentially doubling his nil-rate band to £650,000. In addition, when a property is left to a direct descendant there is an additional allowance which you can read about here.

If the house is sold by the surviving husband to cover care home fees, then it won't form part of his estate. However, there may be some cash left in his bank which will count towards the IHT threshold and that will depend on how long he lives after selling the house.

I hope this helps but let me know if you have any further questions.

Expert:  TonyTax replied 1 year ago.

Hi.

I'm just following up to find out if my answer helped or if you have any further questions.