Clawback of APR on death

Produced by a Tolley Trusts and Inheritance Tax expert
Trusts and Inheritance Tax
Guidance

Clawback of APR on death

Produced by a Tolley Trusts and Inheritance Tax expert
Trusts and Inheritance Tax
Guidance
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Where farmland has been transferred as a lifetime gift there, can be clawback of the agricultural property relief (APR) where the donor dies within seven years of the gift. When calculating the inheritance tax (IHT) charge on death, all lifetime gifts within the last seven years must be brought into account.

APR on death following a lifetime gift

When an individual has made transfers within seven years of their death:

  1. an additional charge will be levied at the time of their death if the transfer was a chargeable lifetime transfer (CLT). If the amount of the transfer was reduced by APR, the additional charge to tax is levied on the reduced amount

  2. IHT will be charged for the first time if the transfer during their lifetime was a potentially exempt transfer (PET). The amount of the transfer is reduced by APR before the charge is levied, but only if the transfer qualified for APR at the time of the PET

See the Agricultural property relief (APR) guidance note.

However,

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