Commentary

I10.251 Burden of tax—Administrative provisions

IHT, trusts and estates

I10.251 Burden of tax—Administrative provisions

Burden of tax—Administrative provisions

I10.251 Burden of tax—Administrative provisions

Powers to raise tax

In order to be able to pay any IHT due, a person liable, other than as transferor or as the spouse1 or civil partner of a transferor, has the power to sell or mortgage, or create a terminable charge on, the property to which the IHT is attributable2.

He has this power whether or not the property is vested in him3 (for example, if he has given the property on to someone else) and the entitlement to exercise the power covers not only IHT but any interest thereon and any costs properly incurred4. Presumably a person in whom the property is not vested could apply to the court for a vesting order if he could not otherwise raise the amount of the IHT out of the property.

It would seem that such costs should be treated as including costs properly incurred in

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to TolleyLibrary or register for a free trial