Commentary

I5.374 Relevant property and its interaction with other provisions

IHT, trusts and estates

I5.374 Relevant property and its interaction with other provisions

I5.374 Relevant property and its interaction with other provisions

Where the context otherwise requires, references in IHTA 1984, to chargeable transfers, to their making or to the values transferred by them shall be construed as including references to occasions on which tax is chargeable on settlements without qualifying interests in possession (QIIP)1 (excluding the charge on conditionally exempt works of art in certain circumstances: see I7.5312). Note that this includes not only the charges described in this Division, but also the charge on property leaving certain kinds of favoured trust (for which see Divisions I5.6.

It will be recalled that a chargeable transfer is a transfer of value made by an individual other than an exempt transfer3. Therefore the general provisions in the IHT legislation which apply to transfers of value as opposed to chargeable transfers, in particular the exemptions, are not relevant to settlements without a QIIP (unless there is express provision to the contrary). Settlements without a QIIP having their own separate scheme of exemptions (see I5.331–I5.342, Divisions I5.5 and I5.6).

Also, woodlands relief (see Division I7.4)4 is available only in relation to a transfer of value made on death and is therefore inapplicable to settlements without a QIIP.

The main provisions of the IHT legislation which do not exclusively relate to settled

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