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Contents

Official guidance
Inheritance Tax Manual

IHTM16000 · Settled Property

  • IHTM16022 · General procedure: form IHT418
  • IHTM16023 · General procedure: form IHT100
  • IHTM16024 · General procedure: the event forms
  • IHTM16025 · General procedure: investigation
  • IHTM16030 · Introduction to settled property: What is a trust?
  • IHTM16041 · Definition of a settlement for IHT: introduction
  • IHTM16042 · Definition of a settlement: the statutory definition
  • IHTM16050 · Introduction to settled property: the trustees
  • IHTM16060 · Interests in possession: introduction
  • IHTM16061 · Interests in possession: Finance Act 2006 and the new trust regime
  • IHTM16062 · Interests in possession: definition of an interest in possession
  • IHTM16063 · Interests in possession: the effects of S49 and S49(1A)
  • IHTM16064 · Interests in possession: what happens if consideration is given
  • IHTM16065 · Interests in possession: powers of accumulation
  • IHTM16066 · Interests in possession: what if there is no income?
  • IHTM16067 · Interests in possession: Administrative Powers
  • IHTM16068 · Interests in possession: Absolute trusts for minors (England and Wales)
  • IHTM16071 · Proper liferents (Scotland): introduction
  • IHTM16072 · Proper liferents (Scotland): IHT position
  • IHTM16074 · Addition of settled property or value: introduction
  • IHTM16075 · Interests in possession: addition of settled property or value: additions of property after 22 March 2006
  • IHTM16076 · Interests in possession: addition of settled property or value: additions of value after 22 March 2006
  • IHTM16077 · Interests in possession: addition of settled property or value: difficult cases and examples
  • IHTM16078 · Interests in possession: addition of settled property or value: difficult cases and examples: additions of value
  • IHTM16081 · Settled property exemptions: exemptions on death
  • IHTM16082 · Settled property exemptions: exemptions on lifetime transfers
  • IHTM16083 · Settled property exemptions: annual exemptions
  • IHTM16084 · Settled property exemptions: restrictions when a reversionary interest is acquired
  • IHTM16091 · Termination of interest in possession: the effect of terminating the interest
  • IHTM16092 · Termination of interest in possession: when the life tenant becomes entitled to the property on termination
  • IHTM16093 · Termination of interest in possession: disposal for consideration
  • IHTM16094 · Termination of interest in possession: deduction of costs
  • IHTM16101 · Interest in part of a fund: introduction
  • IHTM16102 · Interest in part of a fund: value of a share
  • IHTM16103 · Interest in part of a fund: use and enjoyment of part
  • IHTM16110 · Survivorship clauses in a will
  • IHTM16121 · Reverter to settlor: on death of life tenant
  • IHTM16122 · Reverter to settlor: in lifetime
  • IHTM16123 · Reverter to settlor: Double Charges Relief
  • IHTM16131 · Rights of residence: introduction
  • IHTM16132 · Rights of residence: action in Primary Compliance & Support
  • IHTM16133 · Rights of residence: action in Compliance Group
  • IHTM16134 · Rights of residence: the leading case
  • IHTM16135 · Rights of residence: a single beneficiary
  • IHTM16136 · Rights of residence: more than one beneficiary
  • IHTM16137 · Rights of residence: has someone taken up the right of occupation?
  • IHTM16138 · Rights of residence: has someone ceased to occupy his or her main residence?
  • IHTM16139 · Rights of residence: joint ownership
  • IHTM16150 · Surviving spouse exemption
  • IHTM16151 · Quick Succession Relief
  • IHTM16161 · Foreign Property in a trust: introduction
  • IHTM16162 · Foreign Property in a trust: when is foreign property excluded property?
  • IHTM16163 · Foreign Property in a trust: FOTRA securities
  • IHTM16164 · Foreign Property in a trust: deemed domicile
  • IHTM16171 · Accrued and apportioned income: accrued income
  • IHTM16172 · Accrued and apportioned income: apportioned income
  • IHTM16180 · Disclaimers
  • IHTM16191 · Leases for life: introduction
  • IHTM16192 · Leases for life: what happens if consideration was given?
  • IHTM16200 · Bankruptcy
  • IHTM16211 · Annuities: what is an annuity?
  • IHTM16212 · Annuities: how to calculate the capital value
  • IHTM16213 · Annuities: examples
  • IHTM16214 · Annuities: calculations where an annuity is secured on land
  • IHTM16220 · Rights in residue
  • IHTM16221 · Interest in possession for services as trustee
  • IHTM16231 · Reversions: what is a reversion for IHT?
  • IHTM16232 · Reversions: treatment for IHT
  • IHTM16233 · Reversions: purchased or mortgaged reversions
  • IHTM16241 · Close companies and settled property: introduction
  • IHTM16242 · Close companies and settled property: how to investigate
  • IHTM16243 · Close companies and settled property: the taxable amount
  • IHTM16244 · Close companies and settled property: foreign element
  • IHTM16245 · Close companies and settled property: alterations in capital or rights
  • IHTM16246 · Close companies and settled property: close company entitled to interest in possession
  • IHTM16247 · Close companies and settled property: example
  • IHTM16248 · Close companies and settled property; example of altering rights
  • IHTM16260 · Interest for another person's life
  • IHTM16021 · General procedure: incoming post
  1. Settled Property: contents
  2. Rights of residence: introduction

IHTM16131 | Rights of residence: introduction

From HM Revenue & Customs · Inheritance Tax Manual

If someone has a right to reside in a property under the terms of a trust, he or she will often have an interest in possession in that property. This has a number of effects for Inheritance Tax (IHT).

The death of the beneficiary occupying the property gives rise to a claim to IHT under IHTA84/S4 with IHTA84/S49 (1). Where the person becomes beneficially entitled to the interest in possession on or after 22 March 2006, S49(1) will only apply if it is an immediate post-death interest, a disabled person’s interest or a transitional serial interest, S49(1A).

If the beneficiary ceases to reside in the property in his or her lifetime a claim to IHT arises under IHTA84/S52 (1). Where the person becomes beneficially entitled to the interest in possession on or after 22 March 2006, S52(1) will only apply if it is an immediate post-death interest, a disabled person’s interest or a transitional serial interest, S52(2A). The trusts governing the property after the beneficiary ceases to live there will be either

  • in favour of an individual, a disabled person’s interest (IHTM42805) or a transitional serial interest (IHTM16061) - giving rise to a potentially exempt transfer (IHTM04057) by the beneficiary, or

  • in favour of non-interest in possession or non-qualifying interest in possession trusts (IHTM16062) - giving rise to an immediately chargeable transfer (IHTM04067) by the beneficiary as deemed transferor.

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