Exit charge

Produced by Tolley

The following Trusts and Inheritance Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • Exit charge
  • The occasion on which an exit charge arises
  • The basis of an exit charge
  • Calculation of the exit charge
  • Calculation of the exit charge before the first 10-year anniversary
  • Same day addition
  • Exit charge proforma
  • Calculation of the exit charge between 10-year anniversaries
  • Business property relief (BPR) and agricultural property relief (APR)
  • Exceptions from an exit charge

Exit charge

When trust property ceases to be relevant property, it becomes subject to a charge to inheritance tax. This charge is known as either:

  1. the exit charge

  2. the proportionate charge

IHTA 1984, s 65

This guidance note explains how to work out the amount of tax payable when an exit charge arises. It applies to occasions of charge which arise on or after 18 November 2015, which was the date of Royal Assent of the second Finance Act of 2015. F(No 2)A 2015 amended the rules for calculating the exit charge. The former method of calculation is outlined in the Calculation of exit charge before 18 November 2015 guidance note with a summary of the changes given below.

See the Relevant property guidance note for an explanation of what relevant property is.

This note should be read in conjunction with the Principal (10-year) charge guidance note. The comments made in that note on obtaining valuations are just as pertinent to the calculation of the exit charge.

The occasion on which an exit charge arises

An exit charge arises when trust property ceases to be relevant property.

As explained in the Principal (10-year) charge guidance note, relevant property is subject to a principal charge on each 10th anniversary after the trust was created. If property leaves the trust, it will escape the charge on the next 10-year anniversary, although it will have been relevant property for part of the 10-year period. To compensate for this, a charge is made to reflect the proportion of the period during which it was relevant property.

The usual occasion on which an exit charge arises is the distribution of capital to a beneficiary. This might be as a result of the trustees’ decision to make a payment, or on the beneficiary becoming absolutely entitled to their share under the terms of the trust. The termination of the trust and distribution of the whole fund will give rise to an exit charge.

The charge will also apply if

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