Commentary

I10.209 IHT not a testamentary or administration expense

IHT, trusts and estates

I10.209 IHT not a testamentary or administration expense

Situations where IHT is not a testamentary or administration expense

I10.209 IHT not a testamentary or administration expense

There are a number of situations where the IHT, although payable by the PRs, cannot be deducted as a testamentary expense of the estate. These include where IHT is due in respect of:

  1.  

    •     Lifetime gifts where the transferor has died within seven years (see — I10.209A)

  2.  

    •     Gifts with reservation of benefit (see — I10.209A), including where there has been a release of a reservation during the deceased's lifetime (see — I10.209A)

  3.  

    •     Joint property (see — I10.210)

  4.  

    •     Overseas

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