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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. Settled property: Bankruptcy

IHTM16200 | Settled property: Bankruptcy

From HM Revenue & Customs · Inheritance Tax Manual

The vesting of a bankrupt’s estate in his Trustee in Bankruptcy (in Scotland his Judicial Factor) is not a disposition of any interest in possession in settled property, nor does it bring the interest in possession to an end.

It is considered that the beneficiary remains beneficially entitled to the interest for the purposes of the settled property legislation in IHTA84/PartIII Chapters I and II.

If the Trustee disposes of or terminates the interest, a claim to tax will arise under IHTA84/S51 or IHTA84/S52, with the bankrupt person being treated as the deemed transferor in the normal way.

On the bankrupt’s death while the interest in possession subsists, a claim will arise under IHTA84/S4 with IHTA84/S49 (1) in the normal way.

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