IHTM46056 | Downsizing: disposals: qualifying former residential interest: property subject to a reservation of benefit

From HM Revenue & Customs · Inheritance Tax Manual

The IHT definition of estate () includes all the property to which a person is beneficially entitled. Where there is property subject to a reservation of benefit () at the date of death, provides that the person is treated as being beneficially entitled to that property immediately before the death. It follows that property subject to a reservation of benefit is part of the person’s estate on death for IHT purposes.

Where a person disposes of a residential property interest in a dwelling-house but continues to take some benefit from it, that property is subject to a reservation of benefit within the meaning of . Without specific rules, that original gift would be a disposal of a residential property interest, but there would also be a residential property interest in the estate on death.

The legislation ( therefore sets out the rules which apply to property subject to a reservation of benefit, and makes clear what is a disposal for downsizing purposes.

provides that the initial gift by the deceased is not treated as a disposal, and

provides that if the reservation of benefit comes to an end during the deceased’s lifetime in accordance with , this is treated as a disposal.