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 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 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, any BPR due will have been taken into account and reported to HMRC on one of the IHT100 (see the IHT100 completion― overview (before August 2024) guidance note) suite of forms unless the transfer was an excepted

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

Timing of disposal for capital gains tax

Timing of disposal for capital gains taxDate of disposalThe date of the disposal determines the period in which the gain is subject to capital gains tax (CGT). When the rates of CGT change, the determination of the date of disposal can also affect the rate of CGT that applies to the gain.See the

14 Jul 2020 13:50 | Produced by Tolley Read more Read more

Foreign self-employment

Foreign self-employmentTrading in another jurisdiction involves many issues, only some of which involve taxation. Advice should be taken, not only in relation to tax but on the wider business implications. For an overview of the points to consider for certain jurisdictions see Tolley's Global

Read more Read more

Self assessment ― estimates and provisional figures

Self assessment ― estimates and provisional figuresIf the taxpayer does not have sufficient information to enable them to complete the tax return in the time allowed, they should include either a best estimate or a provisional figure. The taxpayer should not either leave a box blank or enter

14 Jul 2020 13:37 | Produced by Tolley Read more Read more