IHTM14851 | Lifetime transfers: transfers by close companies: introduction
From HM Revenue & Customs · Inheritance Tax Manual
Since, in general, Inheritance Tax is chargeable on transfers made by individuals, without specific legislation transfers through companies would not be subject to Inheritance Tax.
The provisions in IHTA84/S94 through to IHTA84/S102 lift the corporate veil and
attribute to the participators in a close company a transfer of value made by the company and
treat alterations in capital or rights as a disposition made by the participators.
IHTA84/S102 (1) adopts the definition of a close company for the purposes of the Corporation Tax Acts. In general terms, it is a UK registered company with 5 or fewer participants/directors.
‘Participator’ is also defined in IHTA84/S102(1) by reference to section 454 Corporation Tax Act 2010. In broad terms ‘participator’ means a shareholder, someone with voting rights in the company, or someone entitled to share in the distributions made by the company.