I1.557 Incidence

I1.557 Incidence

The incidence of IHT is a question of who ultimately bears the IHT, as opposed to liability which is a question of who can be made to pay it by HMRC. In relation to lifetime transfers incidence and liability are closely related, and unless the person who actually pays the IHT has an express right by agreement to recover it from someone else he will usually end up bearing it as well1 (see I10.209A, I10.241). As regards settled property general principles probably require that IHT should be borne by the property that has suffered the IHT charge (see

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