I4.243 The burden of tax where an estate is partially exempt
IHTA 1984, s 41 relates to how the IHT paid should be borne by the beneficiaries where the estate is partly exempt and partly chargeable.
The section provides that (subject to any contrary intention in the Will) none of the tax on the value transferred shall fall on any specific gift if or to the extent that the transfer is exempt with respect to the gift, and none of the tax attributable to the value of the property comprised in residue shall fall on any gift of a share in residue if or to the extent that the transfer is exempt with respect to the gift.
If the present IHTA 1984, s 41 is read together with the pre-1976 version of FA 1975, Sch 6, para 22, it emerges that the intention of the draftsman must have been to ensure that the benefit of the tax reduction resulting from the exempt part of the transfer should benefit the exempt beneficiaries to the exclusion of the chargeable beneficiaries, except where tax on a gift would, apart from the exemption, be borne by residue.
It has been held that where residue is divided into exempt and non-exempt fractional shares, IHTA 1984, s 41 prohibits deducting all the IHT and then dividing the net amount in the appropriate shares1 — see I10.203A.
Either the non-exempt gifts are treated