Commentary

I9.101 Territorial limits of IHT

IHT, trusts and estates

I9.101 Territorial limits of IHT

Part I9     Foreign element

Contents of Part I9

I9.1     Introduction

I9.2     Domicile and residence

I9.3     Excluded and exempt foreign property

I9.4     Locality (situs) of assets

Division I9.1     Foreign element—Introduction

Revised by
MALCOLM GUNN CTA

For updates affecting this Division please see Part I0 Updates

IHT foreign element

I9.101 Territorial limits of IHT

The territorial scope of IHT is determined by reference to the domicile (see Division I9.2) of the individual who has made, or is deemed to have made, a transfer of value, and by the situs of the property transferred.

Subject to specific exceptions, IHT is chargeable in respect of:

  1.  

    •     the worldwide estate of a person domiciled in the UK at the relevant time, and

  2.  

    •     the UK situated property (only) of a person who is not domiciled in the UK at the time

Strictly, domicile is a concept that relates to a particular legal jurisdiction, for example England & Wales, Germany or California. For many legal purposes, for example succession, this is important — the assets of a person domiciled in Scotland may pass

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