Commentary

128 Income tax relief combined with inheritance tax relief (‘the double dip’)

CHARITIES AND CHARITABLE GIVING vol 6(2)
| Commentary

128 Income tax relief combined with inheritance tax relief (‘the double dip’)

| Commentary

128 Income tax relief combined with inheritance tax relief (‘the double dip’)

It had been suggested that gift aid could be employed to achieve a ‘have your cake and eat it’ result. For inheritance tax purposes there are certain situations where ‘reading back fictions’ are available. For instance, a deed of variation falling within the Inheritance Tax Act 1984 Section 142 may be read back into the will of the testator (and therefore taxed as if that testator had made the relevant disposition of property)1 and, similarly, a precatory gift, falling within the Inheritance Tax Act 1984 Section 143, attracts reading back. The reading back fiction in both these cases holds good for inheritance tax but not for income tax, where the

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