Q&As

Does the limited spouse exemption for transfers to non-domiciled spouses apply in addition to the basic nil rate band?

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Published on LexisPSL on 02/10/2019

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Does the limited spouse exemption for transfers to non-domiciled spouses apply in addition to the basic nil rate band?

Section 18 of the Inheritance Tax Act 1984 (IHTA 1984) contains an unlimited exemption from inheritance tax (IHT) for transfers of value between spouses and civil partners, except where a UK-domiciled person makes a transfer of value to a spouse or civil partner who is not domiciled or deemed domiciled in the UK. In such cases, the exemption is limited by IHTA 1984, s 18(2).

For transfers of value made on or after 6 April 2013, the spouse exemption is equal to the prevailing basic nil rate band (NRB)

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