Inheritance Tax Loss Relief: How to Reclaim IHT

Updated: 15 October 2026.

When someone dies, their estate is generally valued for UK Inheritance Tax purposes using the value of their assets at the date of death.

But what happens if those assets subsequently fall in value?

Perhaps the deceased owned a portfolio of shares that declined significantly following a stock market downturn. Or maybe the executors sold an inherited property for considerably less than its original probate valuation.

In these circumstances, the estate may have paid more Inheritance Tax (IHT) than would have been due if the lower sale values had been used.

Fortunately, UK tax legislation provides a potential solution.

Inheritance Tax Loss Relief allows certain qualifying investments and property sold after death to be reassessed using their sale values rather than their original date-of-death valuations.

Where the relevant conditions are satisfied, this can reduce the estate’s Inheritance Tax liability and potentially result in a refund.

However, the relief is not automatic. Different rules apply to shares and property, strict deadlines must be observed, and other transactions can affect the amount of relief available.

For British expats and internationally connected families, additional complications may arise when an estate contains assets in different countries.

This guide explains how Inheritance Tax Loss Relief works, which assets qualify, how to calculate potential savings and how executors can make a claim to HMRC.

TL;DR

Inheritance Tax Loss Relief may allow an estate to reclaim some UK Inheritance Tax when qualifying shares, investments or property are sold below their date-of-death valuations. Qualifying shares and investments generally must be sold within 12 months of death, while qualifying land and property sales can fall within four years, subject to special rules for the fourth year. Claims are made using HMRC forms IHT35 for shares and investments or IHT38 for land and property. The relief is not automatic, and gains on other qualifying sales can reduce or eliminate the benefit. In some circumstances, the relief may also restore part of the Residence Nil Rate Band. British expats and internationally connected estates should consider the interaction between UK Inheritance Tax, overseas taxation and wider financial planning.

Managing an Inheritance That Includes UK Investments or Property?

Inheriting investments or property can create important financial decisions, particularly when you live overseas or the estate contains assets in several countries.

Understanding the potential tax implications is only one part of the picture.

As a Chartered Financial Planner and Pension Transfer Specialist, I help British expats and internationally connected families understand inherited investments, review their wider financial position and make informed decisions about their long-term wealth.

Where specialist Inheritance Tax calculations, HMRC claims or legal matters are involved, I can work alongside appropriately qualified tax advisers and solicitors.

Book a Discovery Call

What Is Inheritance Tax Loss Relief?

Inheritance Tax Loss Relief is a provision within UK tax legislation that can reduce the Inheritance Tax payable on an estate when certain assets are sold for less than their value at the date of death.

When someone dies, the assets included in their estate are generally valued at their market value on the date of death.

Those valuations are used when calculating the estate’s Inheritance Tax liability.

However, the administration of an estate can take months or even years.

During that period, investment markets and property prices may change significantly.

For example, an investment portfolio valued at £400,000 when someone dies might subsequently be sold for £320,000.

Without the relevant relief, the original £400,000 valuation would generally remain the starting point for the Inheritance Tax calculation.

Where the statutory conditions are satisfied, Inheritance Tax Loss Relief can allow a lower qualifying sale value to be substituted.

This may reduce the amount of tax payable.

If the estate has already paid the relevant tax, a refund may be available.

Important: A Fall in Value Does Not Automatically Qualify

A decline in the market value of an investment or property does not, by itself, normally qualify an estate for Inheritance Tax Loss Relief.

The relevant assets generally need to be sold within the statutory period, and the sale must satisfy HMRC’s conditions.

Special provisions exist for certain suspended investments and other circumstances, but executors should not assume that an unrealised loss automatically creates an entitlement to relief.

How Does Inheritance Tax Loss Relief Work?

There are two main forms of Inheritance Tax Loss Relief relevant to this guide:

  • Loss on the sale of shares and qualifying investments.
  • Loss on the sale of land and property.

Although both can reduce the value used for Inheritance Tax purposes, they operate under different rules.

The qualifying assets, sale periods, calculations and claim forms are not identical.

It is therefore important to establish which relief applies before calculating a potential refund.

Inheritance Tax Loss Relief: Shares vs Property

RequirementShares and Qualifying InvestmentsLand and Property
Qualifying sale periodGenerally within 12 months of death.Within four years of death, with special rules for fourth-year sales.
HMRC claim formIHT35IHT38
Claim deadlineWithin four years after the end of the 12-month qualifying sale period.Generally within four years after the end of the initial three-year period.
Other sales considered?All relevant qualifying investment sales must be included.Other relevant property sales can affect the calculation.
Automatic relief?No. A valid claim is required.No. A valid claim is required.

The claim deadlines are separate from the periods during which qualifying sales can take place.

Executors should therefore record both the date of death and the dates of all relevant transactions.

How Does Inheritance Tax Loss Relief Work for Shares and Investments?

Inheritance Tax Loss Relief can apply when qualifying investments forming part of the deceased’s estate are sold at an overall loss within 12 months of death.

It is important to understand that not every investment qualifies.

Which Investments Qualify for IHT Loss Relief?

Qualifying investments can include:

  • Shares and securities listed on recognised stock exchanges.
  • Certain shares listed on recognised overseas exchanges.
  • Holdings in authorised unit trusts.
  • Shares in open-ended investment companies (OEICs).
  • Certain other investments covered by the relevant legislation.

However, unlisted shares generally do not qualify for this particular relief.

Importantly, shares traded on the Alternative Investment Market (AIM) should not automatically be treated as qualifying listed investments for loss-on-sale relief.

Other investments may also fall outside the qualifying categories.

Executors should verify the classification of each investment before submitting a claim.

What Is the 12-Month Rule for Shares?

Qualifying investments generally must be sold within the 12 months immediately following the date of death.

For example, if someone dies on 15 June 2026, qualifying sales would normally need to take place within the following 12-month period.

Investments sold outside that period generally do not qualify under the ordinary loss-on-sale rules.

Special provisions can apply in limited circumstances.

The claim itself must generally be submitted within four years after the end of the 12-month qualifying sale period.

This means the ordinary claim deadline is effectively five years after death, although the statutory deadline is more precisely expressed as four years after the end of the qualifying sale period.

Example: Calculating Inheritance Tax Loss Relief on Shares

Consider an estate containing a portfolio of qualifying listed investments.

At the date of death, the portfolio is valued at £300,000.

Eight months later, the executors sell the investments for £240,000 following a market downturn.

Assume that all investments qualify, no other qualifying investment sales affect the calculation and no restrictions apply.

DescriptionAmount
Value at date of death£300,000
Qualifying sale proceeds£240,000
Qualifying loss£60,000
Illustrative IHT rate40%
Potential IHT reduction£24,000

In this simplified example, the £60,000 qualifying loss could reduce the estate’s taxable value.

At an illustrative Inheritance Tax rate of 40%, this could produce a £24,000 reduction in the tax liability.

However, the actual tax saving depends on the estate’s circumstances, including exemptions, available allowances, other qualifying transactions and any restrictions on relief.

The calculation should not be interpreted as a guaranteed refund.

What Happens if Some Investments Increase in Value?

One of the most important aspects of the shares relief is that executors cannot simply select investments that have fallen in value and ignore investments sold at a profit.

HMRC generally requires all qualifying investments sold by the appropriate person within the relevant 12-month period to be considered together.

For example:

  • Investment A is sold at a loss of £50,000.
  • Investment B is sold at a gain of £25,000.

Assuming both sales qualify and no other adjustments apply, the overall loss is £25,000.

The relief would therefore be calculated using the overall loss rather than the £50,000 loss on Investment A alone.

If gains on other qualifying sales exceed the losses, no overall loss relief may be available.

Can Buying New Investments Affect the Relief?

Yes.

Special restrictions can apply when the appropriate person purchases qualifying investments during the relevant period.

These rules are designed to prevent certain transactions from artificially generating or preserving a loss for Inheritance Tax purposes.

Executors should therefore consider both investment purchases and sales when calculating potential relief.

This is particularly important where an investment portfolio continues to be actively managed during estate administration.

Can You Claim Inheritance Tax Relief When an Inherited Property Falls in Value?

Inheritance Tax Loss Relief is not limited to shares and investments.

It can also apply to qualifying sales of land and property.

For example, a property may be valued at £600,000 when someone dies but subsequently sell for £525,000.

Where the statutory conditions are satisfied, the lower sale value may be substituted for the original valuation.

However, the rules for property are different from those applying to shares.

What Is the Four-Year Rule for Property?

Qualifying property sales can take place within four years of the date of death.

However, the treatment of sales during the fourth year differs from the treatment of sales during the first three years.

Broadly:

  • Relevant property sales during the first three years can be taken into account, including sales above the original date-of-death value.
  • During the fourth year, only qualifying sales at a loss are generally brought into the relief calculation.
  • Special provisions can apply to compulsory purchases and certain other circumstances.

It is therefore misleading to assume that every property transaction during the four-year period is treated identically.

The claim deadline is generally four years after the end of the initial three-year period.

In practical terms, this is usually seven years after death.

Example: Calculating Inheritance Tax Loss Relief on Property

Consider an estate containing a residential property valued at £600,000 at the date of death.

Two years later, the executors sell the property for £525,000.

Assume that the transaction qualifies for relief, no other property sales affect the calculation and the relevant estate value is subject to Inheritance Tax at 40%.

DescriptionAmount
Property value at death£600,000
Qualifying sale price£525,000
Potential qualifying loss£75,000
Illustrative IHT rate40%
Potential IHT reduction£30,000

In this simplified example, the qualifying property loss is £75,000.

At an illustrative IHT rate of 40%, the reduction in the estate’s tax liability could be £30,000.

However, the final result depends on the estate’s wider tax position and whether the sale satisfies the statutory requirements.

What if the Estate Sells More Than One Property?

Where an estate contains several properties, the calculation can become more complicated.

For example, the executors might sell one property at a substantial loss but another at a gain.

Relevant gains and losses on qualifying property sales must be considered under the statutory rules.

Consequently, a loss on one property does not necessarily produce the same amount of relief when viewed in isolation.

The timing of each sale is also important, particularly where transactions occur during the fourth year after death.

Are All Property Sales Eligible?

No.

Certain transactions may be excluded or subject to special treatment.

Examples include some transactions involving beneficiaries or connected parties, sales that do not satisfy the statutory requirements and transactions affected by other reliefs.

There is also a minimum-loss condition.

Broadly, relief is unavailable where the difference between the date-of-death value and sale value is less than the lower of £1,000 or 5% of the original value.

Executors should also understand that selling expenses are not simply deducted from the sale price when calculating the loss for this relief.

Important: A Property Loss Relief Claim Is Not Always Beneficial

Where an estate sells several properties, some sales may increase the value used in the revised Inheritance Tax calculation.

It is therefore possible for the interaction of different transactions to reduce the expected benefit of a claim.

Executors should calculate the overall effect before submitting form IHT38, particularly where further property sales are planned.

How Do Executors Claim Inheritance Tax Loss Relief?

Inheritance Tax Loss Relief is not generally applied automatically by HMRC.

A valid claim must be submitted by the appropriate person.

This will commonly be the estate’s personal representatives, although the person entitled to claim depends on the circumstances.

Step 1: Identify the Assets and Their Date-of-Death Values

Start by identifying the investments or property included in the deceased’s estate.

Obtain the valuations used for Inheritance Tax purposes.

These may appear in the estate’s probate and tax records.

The original valuations provide the starting point for assessing any qualifying loss.

Step 2: Confirm That the Sales Qualify

Check whether the assets fall within the relevant statutory categories.

For investments, establish whether they qualify under the shares relief rules.

For property, confirm that the transaction meets the requirements for loss-on-sale relief.

Also check the sale dates.

A sale outside the qualifying period may not be eligible.

Step 3: Calculate the Overall Qualifying Loss

Compare the relevant date-of-death valuations with the qualifying sale values.

Include other transactions that must be considered under the applicable rules.

For shares, this generally means considering all qualifying investment sales during the 12-month period.

For property, other relevant land transactions can affect the calculation.

Check whether any purchases, changes in holdings, connected-party transactions or other restrictions apply.

Step 4: Complete the Appropriate HMRC Form

HMRC provides separate forms for the two main types of relief.

Which HMRC Form Do You Need?

Form IHT35: Loss on Sale of Shares

Use this form when claiming relief on qualifying shares and investments sold at an overall loss.

Download HMRC Form IHT35

Form IHT38: Loss on Sale of Land

Use this form when claiming relief on qualifying land or property sales.

Download HMRC Form IHT38

Step 5: Submit the Claim Within the Relevant Deadline

Ensure that the completed claim is submitted within the statutory time limit.

Retain supporting documentation, including:

  • Date-of-death valuations.
  • Sale contracts and transaction statements.
  • Details of other relevant sales.
  • Records of investment purchases where relevant.
  • Estate administration documents.
  • Previous Inheritance Tax calculations and payment records.

HMRC may request further information when reviewing the claim.

If the relief is accepted, HMRC can revise the relevant Inheritance Tax calculation.

Where tax has been overpaid, a repayment may be due.

Can Inheritance Tax Loss Relief Restore the Residence Nil Rate Band?

One particularly important aspect of Inheritance Tax Loss Relief is its potential interaction with the Residence Nil Rate Band (RNRB).

The Residence Nil Rate Band is an additional Inheritance Tax allowance that may be available when a qualifying residence passes to direct descendants.

Eligibility depends on the relevant statutory conditions.

The allowance is also subject to tapering for larger estates.

How Does the £2 Million RNRB Threshold Work?

The Residence Nil Rate Band is reduced by £1 for every £2 by which the relevant estate value exceeds £2 million.

This means the available allowance can gradually reduce as the estate’s value increases.

For sufficiently large estates, the allowance may be eliminated entirely.

However, qualifying loss-on-sale relief can affect the estate value used when calculating the RNRB taper.

Example: How a Qualifying Loss Could Restore Part of the RNRB

Consider a hypothetical estate valued at £2,100,000 for the purposes of the RNRB taper.

Assume the estate otherwise qualifies for the full individual Residence Nil Rate Band of £175,000 before tapering.

Because the estate exceeds £2 million by £100,000, the allowance is reduced by £50,000.

The available RNRB is therefore £125,000.

Now assume a qualifying loss-on-sale claim reduces the relevant estate value by £80,000.

The revised value becomes £2,020,000.

The amount above the £2 million threshold is now £20,000, resulting in a taper reduction of £10,000.

DescriptionBefore ReliefAfter Relief
Estate value for RNRB taper£2,100,000£2,020,000
Amount above £2 million£100,000£20,000
RNRB taper reduction£50,000£10,000
Available RNRB£125,000£165,000

In this simplified example, the qualifying loss restores £40,000 of Residence Nil Rate Band.

Where the restored allowance reduces an estate’s taxable value at 40%, it could produce an additional £16,000 tax saving.

This would be separate from the direct tax effect of the qualifying loss.

However, the estate must satisfy the other RNRB eligibility conditions, and the actual benefit depends on the complete Inheritance Tax calculation.

Why this matters: Inheritance Tax Loss Relief may do more than reduce the taxable value of investments or property. In some estates, it can also reduce the Residence Nil Rate Band taper, potentially producing an additional tax benefit.

How Does Inheritance Tax Loss Relief Affect British Expats?

Inheritance Tax Loss Relief can become more complicated when the deceased, executors or beneficiaries have connections with more than one country.

For example, a British expat may die while living overseas but leave UK property, UK investments and assets in another country.

Alternatively, the deceased may have lived in the UK while their beneficiaries reside abroad.

In these situations, the UK Inheritance Tax position must be considered alongside any relevant overseas tax obligations.

1. UK Inheritance Tax Exposure Depends on the Applicable Residence Rules

From 6 April 2025, the UK introduced a long-term residence framework for determining the scope of Inheritance Tax on overseas assets.

The previous domicile-based approach was replaced for relevant purposes by rules based on long-term UK residence.

Broadly, individuals who meet the long-term UK residence conditions may be subject to UK Inheritance Tax on overseas assets.

Importantly, someone who has left the UK may continue to fall within the long-term residence framework for a period after departure.

The position depends on their residence history and the applicable transitional provisions.

For deaths before 6 April 2025, the earlier rules must be considered.

Living abroad does not automatically mean that an estate falls outside UK Inheritance Tax.

2. Overseas Investments May Require Additional Analysis

Some investments listed on recognised overseas stock exchanges may qualify for the shares relief.

However, the investments must satisfy the statutory requirements and form part of the relevant estate for UK Inheritance Tax purposes.

Where investments are denominated in foreign currencies, exchange-rate movements can also affect the calculation.

The date-of-death value and subsequent sale value may produce a different result when converted into pounds sterling.

3. Overseas Property Can Create Additional Complications

An internationally connected estate may include property in the UK and overseas.

Whether loss-on-sale relief is available depends on the relevant UK Inheritance Tax treatment and the statutory conditions.

Overseas property transactions may also involve local inheritance, estate or capital gains taxes.

These taxes do not necessarily operate in the same way as UK Inheritance Tax.

A successful UK relief claim does not automatically reduce a tax liability in another country.

4. Double Taxation May Need to Be Considered

Where an estate has assets in several jurisdictions, more than one country may seek to tax the same assets or transfers.

Double taxation agreements or unilateral relief provisions may sometimes reduce the resulting burden.

However, the interaction between these rules and Inheritance Tax Loss Relief can be complicated.

Specialist advice may be necessary to establish the correct treatment.

5. Executors and Beneficiaries May Have Different Tax Responsibilities

The tax responsibilities of an estate’s personal representatives are not necessarily the same as those of its beneficiaries.

An executor may be responsible for administering an estate and submitting relevant UK Inheritance Tax claims.

A beneficiary living overseas may have separate tax obligations when receiving or subsequently selling inherited assets.

These matters should be considered independently.

Is Inheritance Tax Loss Relief the Same as Capital Gains Tax Relief?

No.

Inheritance Tax and Capital Gains Tax are separate taxes with different rules.

Inheritance Tax generally considers the value of the deceased’s estate at death, subject to the applicable exemptions, allowances and reliefs.

Capital Gains Tax may arise when an estate or beneficiary subsequently disposes of an asset.

For example, an inherited investment might be valued at £100,000 at death and later sold for £80,000.

The transaction may be relevant to an Inheritance Tax Loss Relief claim if the investment and sale qualify.

However, the Capital Gains Tax treatment must be considered separately.

Where an Inheritance Tax Loss Relief claim results in a substituted value, this can also affect the relevant Capital Gains Tax acquisition value under the applicable rules.

It is therefore important not to assume that the same loss can simply be claimed independently for both taxes.

For British expats, the country of tax residence may introduce further considerations.

Before selling inherited investments or property, executors should consider the combined tax consequences rather than focusing exclusively on a potential IHT refund.

Example: A British Expat Family Claims Inheritance Tax Loss Relief

Consider a hypothetical British family with connections to the UK and Spain.

The deceased had lived in the UK for many years and left an estate containing UK-listed investments and a residential property in England.

Several beneficiaries live in Spain.

The executors are responsible for administering the UK estate and arranging the sale of certain assets.

What Happens to the Investments?

At the date of death, the qualifying investment portfolio is valued at £250,000.

Following a market downturn, the executors sell the portfolio nine months later for £200,000.

Assuming the investments and transactions qualify, the portfolio has generated a £50,000 loss for the purposes of the shares relief.

The executors must also review any other qualifying investment sales during the 12-month period.

What Happens to the Property?

The English property is valued at £500,000 at the date of death.

Two years later, the executors sell it for £450,000.

Assuming the transaction qualifies and no other property sales affect the calculation, this produces a potential £50,000 qualifying property loss.

What Is the Potential Inheritance Tax Saving?

In this simplified example:

  • Qualifying investment loss: £50,000.
  • Qualifying property loss: £50,000.
  • Total potential reduction in estate value: £100,000.

If the entire reduction affects assets taxed at 40%, the direct reduction in Inheritance Tax could be £40,000.

However, the actual saving depends on the estate’s tax position, other transactions, available allowances and the applicable relief conditions.

The executors would need to assess the two reliefs separately and submit the appropriate HMRC claims.

What Additional Issues Affect the Family?

Because some beneficiaries live in Spain, they may have separate Spanish tax obligations relating to their inheritance.

The estate’s UK tax position does not automatically determine the beneficiaries’ tax treatment overseas.

The family may also need to consider the timing of distributions, currency conversion and how inherited investments fit into the beneficiaries’ wider financial plans.

The lesson: Inheritance Tax Loss Relief can potentially produce meaningful savings, but internationally connected estates require coordinated consideration of UK tax rules, overseas obligations and wider financial decisions. The relief should not be considered in isolation.

Inherited UK Investments or Property While Living Abroad?

Receiving an inheritance can create important decisions about investments, retirement planning, tax exposure and the long-term management of family wealth.

These decisions can become more complicated when assets and beneficiaries are located in different countries.

I help British expats and internationally connected families review inherited investments, understand their wider financial position and consider how inherited assets fit into their long-term plans.

Where technical Inheritance Tax claims, estate administration or legal matters are involved, I can coordinate with appropriately qualified tax and legal professionals.

Book a Discovery Call

Common Inheritance Tax Loss Relief Mistakes to Avoid

Inheritance Tax Loss Relief can be valuable, but mistakes involving eligibility, calculations or deadlines may reduce or eliminate the benefit.

Here are eight common problems to avoid.

1. Assuming a Fall in Value Automatically Qualifies for Relief

A market decline does not normally create an automatic entitlement to Inheritance Tax Loss Relief.

Qualifying assets generally need to be sold within the relevant period.

Executors should establish whether the transaction satisfies the statutory requirements before assuming relief is available.

2. Missing the 12-Month Deadline for Investment Sales

The ordinary qualifying sale period for shares and investments is 12 months after death.

Executors who wait too long to sell may find that the relevant investments no longer qualify.

However, investment decisions should not be made solely to obtain a tax relief without considering the estate’s wider circumstances.

3. Misunderstanding the Property Sale Deadlines

Property relief operates under different rules from shares relief.

Qualifying sales can fall within four years of death, but fourth-year sales receive special treatment.

Executors should also distinguish between the qualifying sale period and the deadline for submitting the claim.

4. Ignoring Gains on Other Qualifying Investments

Executors cannot normally claim the loss on one qualifying investment while ignoring gains on other qualifying investments sold during the same relevant period.

HMRC generally requires all qualifying investment sales to be included in the calculation.

5. Failing to Account for Other Property Sales

Where an estate contains several properties, relevant transactions must be considered together under the applicable rules.

A gain on one property can affect the benefit associated with a loss on another.

Executors should calculate the overall effect before submitting a claim.

6. Assuming Every Investment Qualifies

Not every share, fund or investment falls within the qualifying categories.

For example, unlisted shares generally do not qualify for the ordinary shares relief.

Executors should verify the treatment of each investment rather than assuming that every financial asset is eligible.

7. Overlooking the Effect on the Residence Nil Rate Band

A qualifying loss may reduce the estate value used for the Residence Nil Rate Band taper.

This can potentially restore part of the allowance.

Failing to review the RNRB calculation could mean overlooking an additional tax benefit.

8. Submitting a Claim Without Considering Wider Tax Consequences

Inheritance Tax Loss Relief can interact with Capital Gains Tax, overseas taxation, other estate transactions and existing reliefs.

In some circumstances, the overall result may be different from the initial calculation.

Executors should understand the wider tax implications before submitting a claim.

The Bottom Line

Inheritance Tax Loss Relief can potentially reduce an estate’s tax liability when qualifying investments or property are sold below their date-of-death valuations.

However, the relief is not automatic.

Different rules apply to shares and property, and the calculation may be affected by other transactions, restrictions and claim deadlines.

For some estates, a successful claim can also affect the Residence Nil Rate Band, potentially creating an additional tax benefit.

For British expats and internationally connected families, the situation can be more complicated because UK Inheritance Tax may interact with overseas tax rules and the financial circumstances of beneficiaries.

The key is to understand the full position before making decisions.

Appropriate tax advice, careful estate administration and coordinated financial planning can help families avoid unnecessary mistakes and make informed decisions about inherited wealth.

Frequently Asked Questions About Inheritance Tax Loss Relief

What is Inheritance Tax Loss Relief?

Inheritance Tax Loss Relief allows certain qualifying investments or property sold after death to be reassessed using their sale values rather than their original date-of-death valuations. Where the statutory conditions are satisfied, this can reduce an estate’s Inheritance Tax liability and potentially result in a refund.

Can you reclaim Inheritance Tax if shares fall in value?

Potentially, yes. If qualifying investments forming part of the deceased’s estate are sold at an overall loss within 12 months of death, the appropriate person may be able to claim relief using HMRC form IHT35. A fall in value alone does not normally qualify without a relevant sale.

How long do executors have to sell shares to qualify?

Qualifying shares and investments generally must be sold within 12 months of the date of death. The claim must normally be submitted within four years after the end of that 12-month period. Special provisions apply in certain circumstances.

Can you claim IHT relief when inherited property loses value?

Yes, where a qualifying interest in land or property is sold below its date-of-death value and the statutory conditions are satisfied. Qualifying sales can take place within four years of death, although special rules apply to sales during the fourth year.

What is the deadline for claiming Inheritance Tax Loss Relief?

For qualifying investments, the claim deadline is generally four years after the end of the 12-month qualifying sale period. For land and property, the claim deadline is generally four years after the end of the initial three-year period. The applicable rules and any exceptions should be checked carefully.

Which investments qualify for Inheritance Tax Loss Relief?

Qualifying investments can include shares and securities listed on recognised stock exchanges, authorised unit trusts and open-ended investment companies. Not every investment qualifies. Unlisted shares generally fall outside the ordinary shares relief.

Does Inheritance Tax Loss Relief apply to overseas shares?

Some shares listed on recognised overseas stock exchanges may qualify, provided they satisfy the relevant statutory conditions and form part of the estate for UK Inheritance Tax purposes. Foreign currency movements may also affect the loss when values are calculated in sterling.

Can British expats claim Inheritance Tax Loss Relief?

Potentially, yes. Eligibility depends on the estate’s UK Inheritance Tax position, the assets involved, the qualifying transactions and the applicable statutory conditions. Living abroad does not automatically prevent a claim, but internationally connected estates may require specialist UK and overseas tax advice.

What HMRC form is used to claim Inheritance Tax Loss Relief?

HMRC form IHT35 is used for qualifying shares and investments. Form IHT38 is used for qualifying land and property sales. The appropriate person must complete and submit the relevant claim within the applicable deadline.

Does Inheritance Tax Loss Relief affect the Residence Nil Rate Band?

It can. Qualifying loss-on-sale relief may reduce the estate value used when calculating the Residence Nil Rate Band taper. Where an estate exceeds the £2 million taper threshold, a qualifying reduction may restore part of the available allowance, provided the other eligibility conditions are satisfied.

Is Inheritance Tax Loss Relief the same as Capital Gains Tax relief?

No. Inheritance Tax Loss Relief concerns the value used for calculating UK Inheritance Tax on the deceased’s estate. Capital Gains Tax may arise when an estate or beneficiary disposes of assets. The two taxes have different rules, although an IHT loss-relief claim can affect the relevant CGT acquisition value.

Can beneficiaries claim Inheritance Tax Loss Relief after an estate has been distributed?

Not automatically. The person entitled to claim is generally the person liable for the relevant Inheritance Tax, commonly the estate’s personal representatives or, in certain circumstances, trustees. Whether relief remains available depends on who sold the assets, the timing of the transactions and the statutory conditions.

Can a loss on one investment be offset by gains on another?

Yes. For the shares relief, HMRC generally considers all qualifying investments sold by the appropriate person during the relevant 12-month period. Gains on some qualifying sales can reduce or eliminate losses on others. Relief is available only where the relevant sales produce an overall qualifying loss.

Can an estate claim Inheritance Tax Loss Relief before all property sales are complete?

A property relief claim may be submitted before every planned sale has taken place. However, later transactions can affect the calculation and may require the claim to be revised. Executors should consider the likely timing and values of further property sales before deciding when to claim.

Further Reading

If you are managing inherited assets or planning your estate while living overseas, the following articles may also be useful.

Official HMRC Resources

For further information about Inheritance Tax Loss Relief, the following official HMRC resources explain the relevant conditions and claim procedures.

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If you have inherited investments or other financial assets, deciding what to do with them can be just as important as understanding the tax position.

I’m Ross Naylor, a UK-qualified Chartered Financial Planner and Pension Transfer Specialist with nearly 30 years’ experience helping British expats and internationally connected families make informed decisions about investments, retirement and long-term financial planning.

I firmly believe your location in the world should never be a barrier to expert, impartial and transparent financial advice you can trust.

If an estate has investments or property that have fallen in value since the date of death, Inheritance Tax Loss Relief may be worth investigating. The technical eligibility, calculation and submission of an HMRC claim should be confirmed with an appropriately qualified tax adviser or estate professional.

My role is to help you look at the wider financial picture. This can include reviewing inherited investments, assessing their suitability, considering whether they should be retained or sold, understanding how an inheritance affects your existing portfolio and determining how the assets fit into your retirement and long-term financial plans.

For British expats, I can also help you consider the additional financial implications of living overseas while inheriting UK-based investments or assets, working alongside your tax adviser or solicitor where specialist tax or legal advice is required.

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This website is not directed at persons in jurisdictions where the provision of such information or services would be restricted or unlawful.

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