Qualifying interest in possession

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

Qualifying interest in possession

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

This guidance note covers what an interest in possession is and what it means to have an interest in possession. The note also considers when trusts are qualifying or non-qualifying in detail. The IHT consequences of having an interest in possession are covered in the Qualifying interest in possession trusts ― IHT treatment guidance note.

Significance of a qualifying interest in possession

Where a beneficiary’s entitlement to trust property satisfies the definition of a qualifying interest in possession (QIIP), the trust property falls into their estate for inheritance tax purposes. See the Taxation of trusts ― introduction guidance note.

The inheritance tax treatment of trusts falls into two broad categories:

  1. •

    beneficial entitlement (bare trusts and qualifying interests in possession) where the assets are taxed in the estate of the life tenant on death, and

  2. •

    relevant property (non-qualifying interests in possession and discretionary trusts) which are subject to the relevant property IHT regime

Prior to 22 March 2006, all interest in possession trusts fell into the first category, but changes

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

Wholly and exclusively

Wholly and exclusivelyFor both income tax and corporation tax purposes, one of the fundamental conditions that must be satisfied for an item of expenditure to be deductible, is that it must incurred ‘wholly and exclusively’ for the purposes of the trade, profession or vocation. References to CTA

14 Jul 2020 14:00 | Produced by Tolley Read more Read more

Reverse charge ― buying in services from outside the UK

Reverse charge ― buying in services from outside the UKThis guidance note covers the reverse charge that applies to services that have been bought in from outside the UK. For an overview of VAT and international services more broadly, see the International services ― overview guidance note. For

15 Dec 2020 14:02 | Produced by Tolley Read more Read more

Research and development (R&D) relief ― overview

Research and development (R&D) relief ― overviewThis guidance note provides an overview of the research and development (R&D) tax reliefs for companies.See the Research and development tax relief summary diagram which summarises the R&D tax relief.See also Simon’s Taxes D1.401.For a factsheet which

14 Jul 2020 12:22 | Produced by Tolley in association with Will Sweeney Read more Read more