The following Trusts and Inheritance Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
Expenses and liabilities may reduce the value of property to be charged to inheritance tax. This general principle arises from the ‘meaning of estate’ given in IHTA 1984, s 5 which includes the provision:
“In determining the value of a person's estate at any time his liabilities at that time shall be taken into account, except as otherwise provided by this Act.”
Transfers of value are quantified with reference to the amount by which a person’s estate has diminished. The transfer on death is equal to the value of the whole of a person’s estate immediately before his death. It follows that the value of transfers is reduced by the associated liabilities.
When considering settled property, inheritance tax is charged with reference to the ‘value of the property or part at that time’.
The value of any property for inheritance tax purposes is ‘market value’. The market value of assets is reduced by liabilities.
The practical application of these general principles to the valuation of property for IHT means that, for example:
the value of a death estate is reduced by the deceased's outstanding personal debts such as household bills and credit cards
the value of a gift (eg a house) is reduced by liabilities attached to it (eg a mortgage)
the value of settled property is reduced by the trustee's outstanding debts such as professional fees
See Example 1, which also illustrates some of the principles described below.
The general principles are qualified and expanded by a number of specific legislative provisions.
A liability is allowed only if:
it is imposed by law
it was incurred for consideration in money or money's worth
IHTA 1984, s 5(5)
Where the taxpayer has a contractual debt, such as an electricity bill, or he has not yet paid for goods or services received, the liability is allowable. The position is more difficult with a voluntary payment such as the promise of a gift, or an oral agreement
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login
The substantial shareholding exemption (SSE) provides a complete exemption from the liability to corporation tax on the gains generated from qualifying disposals of shares and interests in shares by qualifying companies. Conversely, if losses are generated by the disposal and the SSE conditions are
IntroductionSubsistence is the amount incurred as a consequence of business travel. Typically it relates to accommodation and meal costs incurred. These amounts are allowed because they are associated with the necessary travel. See the Travel expenses guidance note for more information of when
This guidance note explains the general rules surrounding the availability of indexation allowance on the disposal of company assets and provides information on the rebasing rules for assets held on 31 March 1982. For an overview of the general position regarding company disposals, please refer to
The basic rule is that all benefits provided to an employee by reason of their employment are taxable unless there is a specific exemption or other rule that means they are not chargeable to tax.ExemptionsThe main exemptions for employee benefits are in ITEPA 2003, ss 227–326B (Pt 4).Below is an
To view our latest tax guidance content, sign in to Tolley Guidance or register for a free trial.