Skip to content
Solved
SearchBrowse
Sign in

Contents

Official guidance
Inheritance Tax Manual

IHTM17000 · Pensions

  • IHTM17001 · Introduction
  • IHTM17011 · Examining form IHT409: initial examination
  • IHTM17012 · Examining the form IHT409: general factors to consider
  • IHTM17013 · Examining the form IHT409: boxes 1 to 7
  • IHTM17014 · Examining form IHT409: boxes 8 to 16
  • IHTM17015 · Examining form IHT409: boxes 17 to 24
  • IHTM17020 · Types of pension scheme: introduction
  • IHTM17021 · Types of pension scheme: registered pension schemes
  • IHTM17022 · Types of pension scheme: occupational pension and related schemes
  • IHTM17023 · Types of pension scheme: personal pension schemes
  • IHTM17024 · Types of pension scheme: Retirement annuity contracts (RACs)
  • IHTM17025 · Types of pension scheme: qualifying non-UK pension schemes (QNUPS)
  • IHTM17026 · Types of pension scheme: Section 615(3) schemes
  • IHTM17027 · Types of pension scheme: Employer-financed retirement benefit schemes (EFRBS)
  • IHTM17030 · Pension scheme benefits: what a pension scheme provides
  • IHTM17032 · Pension scheme benefits: divorce or dissolved civil partnership
  • IHTM17035 · IHT exclusions: contributions to a pension scheme
  • IHTM17036 · IHT exclusions: rights to a pension or annuity
  • IHTM17037 · IHT exclusions: omission to exercise a right
  • IHTM17038 · IHT exclusions: trust based schemes that are not relevant property
  • IHTM17039 · IHT exclusions: sponsored superannuation schemes
  • IHTM17041 · IHT charges: introduction
  • IHTM17042 · IHT charges: Contributions generally
  • IHTM17043 · IHT charges: contributions made whilst in ill-health
  • IHTM17044 · IHT charges: contributions to another person’s pension scheme
  • IHTM17051 · IHT Charges: death benefits introduction
  • IHTM17052 · IHT charges: general power over death benefits
  • IHTM17053 · IHT charges: death benefits cash options
  • IHTM17054 · IHT Charges: payments continuing after death
  • IHTM17055 · IHT charges: other payments
  • IHTM17056 · IHT Charges: protected rights up to 6 April 2012
  • IHTM17058 · IHT charges: Crown, local authorities and overseas governments
  • IHTM17059 · IHT charges: NHS and Social Care Coronavirus Life Assurance Schemes
  • IHTM17070 · IHT charges: lifetime transfers of death benefits
  • IHTM17071 · IHT charges: assignment of death benefits
  • IHTM17072 · IHT charges: transfers between pension schemes
  • IHTM17073 · IHT charges: gifts with reservation and statement of practice 10/86
  • IHTM17074 · IHT charges: unregistered schemes and gifts with reservation
  • IHTM17081 · Relevant property charges: introduction
  • IHTM17082 · Relevant property charges: employer-financed retirement benefits schemes
  • IHTM17083 · Relevant property charges: Status of funds after death but before payment
  • IHTM17084 · Relevant property charges: settlement of death benefits
  • IHTM17085 · Relevant property charges: identity of the settlor
  • IHTM17091 · Excepted group life policies: introduction
  • IHTM17092 · Excepted group life policies: Inheritance Tax treatment
  • IHTM17100 · Other provisions: introduction
  • IHTM17101 · Other provisions: Tax Bulletin
  • IHTM17102 · Other provisions: income drawdown
  • IHTM17103 · Other provisions: ABI guidance note
  • IHTM17104 · Other provisions: lifetime transfers
  • IHTM17106 · Other provisions: phased retirement plans
  • IHTM17107 · Other provisions: the Fryer case
  • IHTM17108 · Other provisions: the Parry case
  • IHTM17300 · Pensions between 6 April 2006 and 5 April 2011: introduction
  • IHTM17301 · Omission to exercise a right prior to 6 April 2011: introduction
  • IHTM17302 · Omission to exercise a right prior to 6 April 2011: no IHT charge
  • IHTM17303 · Omission to exercise a right prior to 6 April 2011: the legislation in detail
  • IHTM17304 · Omission to exercise a right prior to 6 April 2011: member in ill-health at commencement of income drawdown
  • IHTM17305 · Omission to exercise a right prior to 6 April 2011: examples of an actual pensions disposition
  • IHTM17306 · Omission to exercise a right prior to 6 April 2011: calculation of the charge
  • IHTM17307 · Omission to exercise a right prior to 6 April 2011: the Fryer case
  • IHTM17308 · Omission to exercise a right prior to 6 April 2011: the Parry case
  • IHTM17350 · Alternatively secured pensions: introduction
  • IHTM17500 · Scheme pensions and lifetime annuities: background
  • IHTM17600 · State Pension underpayments
  • IHTM17016 · Examining form IHT409: Boxes 25 to 42
  • IHTM17057 · IHT Charges: protected rights detail
  • IHTM17351 · Alternatively secured pensions: how ASP funds can be used
  • IHTM17352 · Alternatively secured pensions: IHT treatment for deaths between 6 April 2006 and 5 April 2007
  • IHTM17353 · Alternatively secured pensions: liability and accountability
  • IHTM17354 · Alternatively secured pensions: meaning of dependant and relevant dependant
  • IHTM17355 · Alternatively secured pensions between 6 April 2006 and 5 April 2007: position on the death of a scheme member
  • IHTM17356 · Alternatively secured pension (ASP) between 6 April 2006 and 5 April 2007: position on the death of a relevant dependant or on ceasing to be a relevant dependant
  • IHTM17357 · Alternatively secured pension (ASP) between 6 April 2006 and 5 April 2007: position on the death of a dependant not within IHTA84/S151B
  • IHTM17358 · Alternatively secured pension (ASP) between 6 April 2006 and 5 April 2007: charge where surplus paid to employer
  • IHTM17370 · Alternatively secured pension (ASP) between 6 April 2006 and 5 April 2007: procedure when an ASP charge arises - death of scheme member: charge under IHTA84/S151A
  • IHTM17371 · Alternatively secured pension (ASP) between 6 April 2006 and 5 April 2007: procedure when an ASP charge arises: death of relevant dependant (or ceasing to be a relevant dependant): charge under IHTA84/S151B
  • IHTM17372 · Alternatively secured pension (ASP) between 6 April 2006 and 5 April 2007: procedure when an ASP charge arises: death of relevant dependant other than under IHTA84/S151B - charge under IHTA84/S151C
  • IHTM17373 · Alternatively secured pension (ASP) between 6 April 2006 and 5 April 2007: closing a case where no charge arises on the scheme member death
  • IHTM17374 · Alternatively secured pension (ASP) between 6 April 2006 and 5 April 2007: accounts to be delivered where no charge arises on the scheme member’s death
  • IHTM17375 · Alternatively secured pension (ASP) between 6 April 2006 and 5 April 2007: excepted estates
  • IHTM17400 · Treatment of alternatively secured pensions from 6 April 2007- background
  • IHTM17401 · Treatment of alternatively secured pensions from 6 April 2007: consequences for Inheritance Tax position
  • IHTM17402 · Treatment of alternatively secured pensions from 6 April 2007: unauthorised payments (UP)
  • IHTM17403 · Treatment of alternatively secured pensions from 6 April 2007: interaction of the UP charge and the IHT charge
  • IHTM17404 · Treatment of alternatively secured pensions from 6 April 2007: changes to procedures for charge under IHTA84/S151A
  • IHTM17405 · Treatment of alternatively secured pensions from 6 April 2007: changes to procedures for charge under IHTA84/S151B
  • IHTM17406 · Treatment of alternatively secured pensions from 6 April 2007: changes to procedures for charge under IHTA84/S151C
  • IHTM17407 · Treatment of alternatively secured pensions from 6 April 2007: grossing up unused NRB
  • IHTM17408 · Treatment of alternatively secured pensions from 6 April 2007: example where IHT due first
  • IHTM17409 · A treatment of alternatively secured pensions from 6 April 2007: example where UP charge paid first
  • IHTM17410 · A treatment of alternatively secured pensions from 6 April 2007: example where UP charge paid first on part of ASP funds
  • IHTM17411 · Treatment of alternatively secured pensions from 6 April 2007: example where UP charge paid first on part of ASP funds but some NRB unused
  • IHTM17412 · Treatment of alternatively secured pensions from 6 April 2007: example where IHT due first - charge on relevant dependant’s death
  • IHTM17413 · Treatment of alternatively secured pensions from 6 April 2007: amendments to IHTA84/S151A-C
  • IHTM17414 · Treatment of alternatively secured pensions from 6 April 2007: no double charge under IHTA84/S151A and IHTA84/S151C
  • IHTM17450 · Treatment of alternatively secured pensions from 6 April 2007: pension scheme rules for members who cannot be traced
  • IHTM17451 · Treatment of alternatively secured pensions from 6 April 2007: the Inheritance Tax position on pension scheme rules for members who cannot be traced
  • IHTM17501 · Scheme pensions and lifetime annuities: tax charges
  • IHTM17502 · Scheme pensions and lifetime annuities: calculation of the tax charge on scheme pensions
  • IHTM17503 · Scheme pensions and lifetime annuities: liability and accountability
  • IHTM17504 · Pensions on or after 6 April 2006: scheme pensions and lifetime annuities: examples
  • IHTM17505 · Scheme pensions and lifetime annuities: more examples
  1. Pensions: contents
  2. Pensions: other provisions: the Parry case

IHTM17108 | Pensions: other provisions: the Parry case

From HM Revenue & Customs · Inheritance Tax Manual

In the case of HMRC v Parry and others [2020] UKSC 35 (‘Parry’), the deceased, Mrs Staveley, had a pension in the form of a section 32 policy derived from an occupational pension from the company she had set up with her ex-husband. Shortly before she died Mrs Staveley transferred her section 32 policy into a personal pension plan (‘PPP’). She died six weeks later without taking her pension. The death benefit under the PPP was paid at the discretion of the PPP scheme administrators to Mrs Staveley’s sons. As the death benefits under the PPP were paid at the scheme administrators’ discretion they did not form part of Mrs Staveley’s estate on her death. If Mrs Staveley had not transferred her section 32 policy the death benefits would have formed part of her estate and would have been subject to IHT on her death.

HMRC argued that Mrs Staveley made two transfers in connection with her pensions. A transfer under IHTA84/S3(1) on the transfer from the section 32 policy to the PPP and a disposition under IHTA84/S3(3) on the omission to exercise her right to draw the pension benefits from the PPP.

The Supreme Court found, on a majority decision, that the transfer from the section 32 policy to the PPP was protected by IHTA84/S10. Although the taxpayers were successful in appealing against the IHTA84/S3(1) transfer and that IHTA84/S10 applied, this was due to the facts of the case, specifically a combination of the acrimonious divorce and the old pension rules which meant some of the pension fund might have returned some value to Mrs Staveley’s ex-husband.

The court unanimously agreed with HMRC that IHTA84/S3(3) applied in respect of Mrs Staveley’s omission to exercise her right to draw the pension benefits from the PPP.

The judgment provides support for HMRC’s approach to pension transfers and provides useful guidance in applying IHTA84/S3(3) and IHTA84/S10(3).

The judgment included the following regarding IHTA84/S3(3)

  • There is no requirement that the reduction in value of the first estate must be followed immediately by an increase in the estate of another person. All that is required is that one results from the other, but they do not need to occur at precisely the same time.

  • There is no requirement to be able to identify the person whose estate will be increased by the omission when the omission is made. IHTA84/S3(3) requires only that “another person’s estate” is increased, so it is enough that some other person’s estate will be increased even if that other person is not immediately identified.

  • It is not appropriate to take a narrow and legalistic approach to IHTA84/S3(3). The scheme administrators’ discretion over who was to receive the death benefits did not break the chain of causation between Mrs Staveley’s omission and the increase in her sons’ estates.

The judgment included the following regarding IHTA84/S10(3)

  • Where a disposition is made by associated operations, IHTA84/S10 will not apply if one of the steps in the overall scheme is made with gratuitous intent. This reinforces HMRC’s interpretation of the decision in Macpherson (IHTM14829).

PreviousNext
PrivacyTerms