IHTM26109 | Step 3 - interaction: the appropriate fraction where there are no specific gifts of relievable property

If there are no specific gifts of relievable property, the appropriate fraction (IHTM26108) is

• The value of the free estate after business relief (BR) and/or agricultural relief (AR)

Divided by

• The value of the free estate before BR and/or AR

Example

This example shows how the rules apply to the illustration in the introduction (IHTM26101)

Barry’s estate consists of:

A farming business +£800,000

Non-relievable property +£600,000

Total value = £1,400,000

Less AR and BR -£800,000

Value transferred = £600,000

By his Will (IHTM12041) Barry leaves a pecuniary legacy of £550,000 to his widow. All the rest of the estate passes to his children.

Stage 1

The value transferred is £600,000

Stage 2

There are no specific gifts of relievable property

Stage 3

The S39A (4) fraction is:

£600,000 ÷ £1,400,000

where £600,000 = the value of the free estate after AR/BR and

£1,400,000 = the value of the free estate before BR/AR

so the reduced value of the exempt legacy is:

£550,000 × £600,000 ÷ £1,400,000 = £235,714

Stage 4

No grossing up

Stage 5 & Stage 6

Residue (chargeable free estate) £364,286

You should look at the guidance at IHTM26105to see to what extent you should examine a case where the residue is exempt.

In this example the specific gifts (IHTM26011) are pecuniary legacies (IHTM12082) but IHTA84/S39A (3) and (4) does not only apply to these. It applies to all cases with specific gifts other than those with specific gifts of assets qualifying for relief (IHTM26103).