Gifting your home to your children to cut your inheritance tax bill is one of the most common ideas — and one of the most misunderstood. In most cases, if you continue living in the property, the gift does not work for IHT purposes. Here is exactly why, and what does work instead.
Current Inheritance Tax Thresholds 2026/27
| Threshold | Amount |
|---|---|
| Nil Rate Band (NRB) — per person | £325,000 |
| Residence Nil Rate Band (RNRB) — home to direct descendants | £175,000 |
| Maximum per person | £500,000 |
| Transferable to surviving spouse | Up to £1,000,000 combined |
| IHT rate above threshold | 40% |
Why Simply Gifting the House Does Not Work
The Gift with Reservation of Benefit Rule
If you transfer your home to your children but continue to live there — even informally — HMRC applies the Gift with Reservation of Benefit (GWR) rules under the Finance Act 1986. The property remains in your estate for IHT purposes.
It does not matter that the legal title has moved to your children. HMRC looks at whether you have genuinely given up the benefit of the property. If you still live there, enjoy it, maintain it as your home, or benefit from it in any way, the GWR rules apply.
What this means in practice:
- You give the house to your children in 2026
- You continue to live there
- You die in 2036 (10 years later)
- The house is still included in your estate — and valued at its 2036 price, not 2026
Not only does the gift fail to reduce IHT, but if the property has increased in value, it may generate a larger IHT bill than if you had done nothing.
Capital Gains Tax Risk for Your Children
When your children eventually sell the property (which is their asset, not their main residence), they may owe Capital Gains Tax on the gain from when you gifted it to them. The CGT annual exempt amount is only £3,000 in 2026/27. On a £300,000 gain, the CGT bill could be substantial — on top of the IHT bill that was never avoided.
When a Property Gift Can Work
The GWR rules do not apply if you genuinely move out of the property. If you gift the property, vacate it entirely, and do not return to live or stay there:
- The 7-year clock starts from the date of the gift
- If you survive 7 years, the gift is a Potentially Exempt Transfer (PET) and falls outside your estate entirely
- If you die within 7 years, taper relief reduces the IHT charge:
| Years survived after gift | IHT reduction |
|---|---|
| Under 3 years | 0% reduction (full 40%) |
| 3–4 years | 20% reduction |
| 4–5 years | 40% reduction |
| 5–6 years | 60% reduction |
| 6–7 years | 80% reduction |
| Over 7 years | 100% — no IHT |
The Market Rent Exception
You can give away the property and continue living in it if you pay the full market rent to your children. In this case, the GWR rules are satisfied because you are paying for the benefit.
Requirements:
- Rent must be a genuine market rate — what you would pay a stranger for equivalent accommodation
- Rent should be reviewed annually as property prices change
- Both parties need to maintain a proper tenancy agreement
- Your children will pay income tax on the rent received
This arrangement is complex, may be expensive (especially if property values are high), and requires consistent documentation. For many people, the rent cost outweighs the IHT saving.
What Actually Works
1. The Residence Nil Rate Band (RNRB)
If you leave your home (or the proceeds from a downsized home) to direct descendants (children, grandchildren, stepchildren), your estate can benefit from the RNRB of £175,000 in addition to the standard £325,000 NRB — a combined threshold of £500,000. Married couples can transfer unused allowances — up to £1,000,000 combined.
Simply writing an appropriate will means your home can pass to children IHT-free up to this threshold without any gifting arrangement.
2. Annual Gift Exemption
You can give away £3,000 per year immediately outside your estate. Over 10 years as a couple, this removes £60,000 from your estate with no conditions.
3. Gifts from Normal Income
Gifts made from regular surplus income (not capital) are immediately exempt from IHT if they do not affect your standard of living. Regular monthly payments to children from pension income, for example, can qualify.
4. Deed of Variation
After death, beneficiaries can redirect their inheritance to different people (e.g. skipping a generation to grandchildren) within 2 years. This can be more tax-efficient than lifetime planning in some cases.
5. Life Insurance Written in Trust
A whole-of-life policy written in trust pays out on death, falls outside the estate, and can be used by beneficiaries to pay the IHT bill — preserving the estate intact.
Worked Example: The Failed Gift vs the Right Approach
David and Susan, both aged 70, own a home worth £600,000 and have £200,000 in savings. Combined estate: £800,000.
IHT with no planning:
- Combined NRB: £650,000 (£325,000 each)
- RNRB: £350,000 (£175,000 each, home passes to children)
- Total threshold: £1,000,000
- IHT: £0 — their estate is already under the combined threshold
In this case, gifting the property to children would be unnecessary and could actually trigger a CGT liability when the children sell.
IHT planning is most relevant when an estate exceeds £1,000,000 (couple) or £500,000 (single person). For many families, the RNRB already removes the main home from IHT exposure.
See our inheritance tax guide, pension and inheritance tax changes 2027, and residence nil rate band explained.