BPR on lifetime transfers where death is within seven years (BPR ‘clawback’)

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

BPR on lifetime transfers where death is within seven years (BPR ‘clawback’)

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

This guidance note considers the business property relief (BPR) position on death of chargeable lifetime transfers (CLTs) and potentially exempt transfers (PETs) made within seven years of death. The BPR position will be re-tested on a death of the transferor within seven years of the gift. The property must, broadly, qualify for BPR at that time. Where the property no longer qualifies for BPR, the relief will be subject to a clawback and the property may be subject to a charge to inheritance tax (IHT). However, the effects of the clawback are different for the two different types of transfer. Where the original business property has been disposed of there are provisions for replacement property to qualify for the relief.

BPR on the initial gift

Where the original gift is a chargeable lifetime transfer (CLT), any BPR due will have been taken into account and reported to HMRC on one of the IHT100 suite of forms (see the IHT100 completion ― overview (before August

Continue reading the full document
To gain access to additional expert tax guidance, workflow tools, generative tax AI, and tax research, register for a free trial of Tolley+™
Powered by Tolley+™

Popular Articles

Enterprise investment scheme tax relief

Enterprise investment scheme tax reliefOverview of EIS tax reliefsThe enterprise investment scheme (EIS) offers significant tax reliefs to encourage individuals to invest money in qualifying shares issued by qualifying unquoted companies. The scheme is designed to encourage investment in small,

Read more Read more

Payment of the remittance basis charge

Payment of the remittance basis chargeRemittance basis chargeThe remittance basis charge is an annual charge payable by ‘long-term’ UK residents for the privilege of claiming the remittance basis.Taxpayers who wish to utilise the remittance basis (but do not qualify for it automatically) must pay

14 Jul 2020 12:52 | Produced by Tolley Read more Read more

Computation of corporation tax

Computation of corporation taxCompanies pay corporation tax on the taxable total profits (TTP) generated in a chargeable accounting period (CAP).To ascertain whether the entity is within the charge to corporation tax, see the Charge to corporation tax guidance note.For more information on the type

14 Jul 2020 11:16 | Produced by Tolley Read more Read more