Q&As

Is business property relief clawed back on the death of the donor within seven years of the transfer of shares where the donee has gifted the shares to their spouse?

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Published on LexisPSL on 01/10/2018

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

  • Is business property relief clawed back on the death of the donor within seven years of the transfer of shares where the donee has gifted the shares to their spouse?

It has been assumed for the purposes of this response that:

  1. ‘Deceased gifted in her lifetime shares which attract BPR’ means that the deceased made (rather than received) a gift of shares for which business property relief (BPR) was available. It is assumed this gift was a potentially exempt transfer (PET), and

  2. the question concerns the inheritance tax (IHT) treatment of the gift made by the deceased original donor of the shares

The provisions relating to the clawback of BPR contained in secti

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