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.