Commentary

I10.115 Liability of spouse

IHT, trusts and estates

I10.115 Liability of spouse

I10.115 Liability of spouse

Where a transferor is liable to IHT on a chargeable transfer, and after 26 March 1974 he or she made a transfer to a transferee who at the time of both transfers was his (or her) spouse or civil partner, then that spouse or civil partner is liable for so much of the IHT as does not exceed the market value of the property when transferred to him or her1. This prevents a transferor giving half his property to, say, trustees or a son resident outside the UK and giving the other half to his spouse

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