IHTM14231 | Lifetime transfers: normal expenditure out of income: introduction

From HM Revenue & Customs · Inheritance Tax Manual

The exemption under applies where the taxpayer can show that a gift (transfer of value):

  • formed part of the transferor’s normal expenditure (),

  • was made out of income (), and

  • left the transferor with enough income for them to maintain their normal standard of living ().

A gift must meet all of the conditions to qualify for the exemption and must not fall within any of the exceptions. Part of a single gift may qualify for the exemption, the balance being chargeable or being exempt under another provision.

The exemption does not apply to:

  • transfers on death,

  • transfers on the termination of a qualifying interest in possession () in settled property

  • deemed potentially exempt transfers (PETs) () under and (property ceasing to be subject to a reservation and treatment of certain debts)

  • apportionments made to persons under (transfers by close companies ())

Nor does it apply to transfers that are

  • premiums on a life policy where these are linked to an annuity ()

  • transfers of capital assets unless, exceptionally, these were purchased from income for the specific purpose of making the gift and they meet the other conditions

Exemption under does not prevent the gift from being taxed under the gift with reservation () rules.