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Contents

Official guidance
Inheritance Tax Manual

IHTM30000 · Liability and payment of tax

  • IHTM30001 · Introduction
  • IHTM30011 · Liability: introduction
  • IHTM30021 · Liability on death transfers: the persons liable
  • IHTM30022 · Liability on death transfers: other unsettled property (except GWRs)
  • IHTM30023 · Liability on death transfers: settled property in which deceased had a qualifying interest in possession
  • IHTM30024 · Liability on death transfers: succession in Scotland
  • IHTM30025 · Liability on death transfers: interests under superannuation schemes
  • IHTM30026 · Liability on death transfers: priorities
  • IHTM30031 · Definition and extent of liability: personal representatives
  • IHTM30032 · Definition and extent of liability: extent of a personal representative's liability
  • IHTM30033 · Definition and extent of liability: nature of a personal representative's liability
  • IHTM30034 · Definition and extent of liability: trustees
  • IHTM30035 · Definition and extent of liability: persons liable under IHTA84/S200 (1)(c)
  • IHTM30036 · Definition and extent of liability: persons excluded
  • IHTM30037 · Definition and extent of liability: property settled before the death
  • IHTM30038 · Definition and extent of liability: particular situations
  • IHTM30039 · Definition and extent of liability: policies effected by a person who dies domiciled outside the UK
  • IHTM30041 · Liability on potentially exempt transfers (PETs): persons liable
  • IHTM30042 · Liability on potentially exempt transfers (PETs): priorities
  • IHTM30043 · Liability on potentially exempt transfers (PETs): recourse to transferor's personal representatives
  • IHTM30044 · Liability on potentially exempt transfers (PETs): practice relating to personal representatives
  • IHTM30051 · Definition and extent of liability (PETs): transferee
  • IHTM30052 · Definition and extent of liability (PETs): persons liable under IHTA84/S199 (1)(c)
  • IHTM30053 · Definition and extent of liability (PETs): persons excluded
  • IHTM30054 · Definition and extent of liability (PETs): objects of a relevant property trust
  • IHTM30061 · Liability on lifetime transfers chargeable when made: introduction
  • IHTM30062 · Liability on lifetime transfers chargeable when made: persons liable
  • IHTM30071 · Definition and extent of liability (lifetime transfers chargeable when made): transferor
  • IHTM30072 · Definition and extent of liability (lifetime transfers chargeable when made): extent of liability of persons secondarily liable
  • IHTM30073 · Definition and extent of liability (lifetime transfers chargeable when made): spouse or civil partner of transferor
  • IHTM30074 · Definition and extent of liability (lifetime transfers chargeable when made): limitation on spouse's or civil partner's liability
  • IHTM30081 · Liability on gifts with reservation (GWRs): introduction
  • IHTM30082 · Liability on gifts with reservation (GWRs): persons liable when treated as a PET
  • IHTM30083 · Liability on gifts with reservation (GWRs): persons liable when treated as part of death estate
  • IHTM30084 · Liability on gifts with reservation (GWRs): definition and extent of liability
  • IHTM30091 · Liability on settled property: persons liable
  • IHTM30101 · Definition and extent of liability (settled property): trustees
  • IHTM30102 · Definition and extent of liability (settled property): persons other than trustees
  • IHTM30103 · Definition and extent of liability (settled property): beneficiaries
  • IHTM30104 · Definition and extent of liability (settled property): recipients of benefit
  • IHTM30111 · The settlor: definitions
  • IHTM30112 · The settlor: limitations on settlor's liability
  • IHTM30113 · The settlor: PETs
  • IHTM30114 · The settlor: death charge on lifetime transfers chargeable when made
  • IHTM30115 · The settlor: settlement made before 11 December 1974
  • IHTM30121 · Liability in special cases: heritage property
  • IHTM30122 · Liability in special cases: discretionary trust charges and heritage property
  • IHTM30123 · Liability in special cases: woodlands
  • IHTM30124 · Liability in special cases: transfers by a close company
  • IHTM30125 · Liability in special cases: liability of purchaser
  • IHTM30140 · General payment rule
  • IHTM30151 · Due date for payment: death transfers
  • IHTM30152 · Due date for payment: other charges arising on death
  • IHTM30153 · Due date for payment: lifetime transfers chargeable when made
  • IHTM30154 · Due date for payment: relevant property trusts
  • IHTM30155 · Due date for payment: conditionally exempt property
  • IHTM30156 · Due date for payment: woodlands
  • IHTM30157 · Due date for payment: payment before due date
  • IHTM30158 · Due date for payment: request to pay in advance
  • IHTM30159 · Due date for payment: postponing payment
  • IHTM30171 · Tax payable on taking out of grant: Inheritance tax rates
  • IHTM30172 · Tax payable on taking out of grant: non-instalment option property
  • IHTM30181 · Payment methods: payment by cheque
  • IHTM30182 · Payment methods: payment by electronic transfer
  • IHTM30183 · Payment methods: payment by national savings or government stock
  • IHTM30184 · Payment methods: payment by IHT direct payment scheme
  • IHTM30185 · Payment methods: payment by transfer of land or chattels
  • IHTM30186 · Payment methods: payment by certificates of tax deposit
  • IHTM30187 · Payment methods: payment out of tax repayments
  • IHTM30191 · Instalment option: introduction
  • IHTM30201 · Payment by instalments: when instalments are payable
  • IHTM30202 · Payment by instalments: election
  • IHTM30203 · Payment by instalments: request to elect for instalments after tax paid in one sum
  • IHTM30204 · Payment by instalments: option where additional tax payable
  • IHTM30211 · Transfers on death: introduction
  • IHTM30212 · Transfers on death: categories of qualifying property
  • IHTM30213 · Transfers on death: land
  • IHTM30214 · Transfers on death: businesses and interests in businesses
  • IHTM30215 · Transfers on death: shares and securities
  • IHTM30216 · Transfers on death: meaning of 'unquoted' for instalments
  • IHTM30217 · Transfers on death: control holdings of shares and securities
  • IHTM30218 · Transfers on death: unquoted shares - undue hardship
  • IHTM30219 · Transfers on death: unquoted shares - 20% tax test
  • IHTM30220 · Transfers on death: unquoted shares - £20,000 value and 10% nominal value test
  • IHTM30231 · Potentially Exempt Transfers (PETs): deaths before 17 March 1987
  • IHTM30241 · Transfers and other events on or after 17 March 1987: the conditions
  • IHTM30242 · Transfers and other events on or after 17 March 1987: unquoted shares
  • IHTM30243 · Transfers and other events on or after 17 March 1987: settled property
  • IHTM30244 · Transfers and other events on or after 17 March 1987: the transferee
  • IHTM30251 · Qualifying property (PETs): land
  • IHTM30252 · Qualifying property (PETs): businesses and interests in businesses
  • IHTM30253 · Qualifying property (PETs): control holdings
  • IHTM30254 · Qualifying property (PETs): unquoted shares or securities - undue hardship
  • IHTM30255 · Qualifying property (PETs): unquoted shares or securities - 20% tax test
  • IHTM30256 · Qualifying property (PETs): unquoted shares or securities - £20,000 value and 10% nominal value
  • IHTM30261 · Lifetime transfers chargeable when made: introduction
  • IHTM30262 · Lifetime transfers chargeable when made: tax immediately payable
  • IHTM30263 · Lifetime transfers chargeable when made: additional tax payable on death of transferor
  • IHTM30264 · Lifetime transfers chargeable when made: previous legislation and lifetime transfers
  • IHTM30265 · Lifetime transfers chargeable when made: qualifying property
  • IHTM30271 · Gifts with reservation: deceased's residence
  • IHTM30272 · Gifts with reservation: other qualifying property
  • IHTM30281 · Lifetime cesser of a qualifying interest in possession: introduction
  • IHTM30282 · Lifetime cesser of a qualifying interest in possession: cesser a PET
  • IHTM30283 · Lifetime cesser of a qualifying interest in possession: cesser taxable when made
  • IHTM30290 · Instalment option: relevant property trusts
  • IHTM30300 · Instalment option: woodlands
  • IHTM30311 · Attribution process: introduction
  • IHTM30312 · Attribution process: lifetime transfers
  • IHTM30313 · Attribution process: death estate
  • IHTM30321 · End of instalment option: introduction
  • IHTM30322 · End of instalment option: meaning of 'sold'
  • IHTM30323 · End of instalment option: underwriting interests
  • IHTM30324 · End of instalment option: chargeable transfers otherwise than on death
  • IHTM30341 · Interest: introduction
  • IHTM30351 · Rates of interest: background
  • IHTM30352 · Rates of interest: the rates
  • IHTM30353 · Rates of interest: the higher and lower rates before 16 December 1986
  • IHTM30361 · Interest period: general rule
  • IHTM30362 · Interest period: instalments without interest relief
  • IHTM30363 · Interest period: instalments with interest relief
  • IHTM30371 · Special rules: Inheritance (Provision for Family & Dependants) Act 1975
  • IHTM30372 · Special rules: voidable transfers
  • IHTM30373 · Special rules: property accepted in satisfaction of tax
  • IHTM30374 · Special rules: Scotland - legitim
  • IHTM30375 · Special rules: settled property - sales and mortgages of reversionary interests
  • IHTM30401 · Adjustment of tax paid: underpayments
  • IHTM30402 · Adjustment of tax paid: repayments
  • IHTM30411 · Reopening IHT liabilities: introduction
  • IHTM30412 · Reopening IHT liabilities: procedure
  • IHTM30421 · Reconsideration of value: introduction
  • IHTM30431 · Reconsideration by taxpayers: bars to reopening value
  • IHTM30432 · Reconsideration by taxpayers: changed circumstances
  • IHTM30433 · Reconsideration by taxpayers: valuations by SAV
  • IHTM30434 · Reconsideration by taxpayers: land and buildings
  • IHTM30435 · Reconsideration by taxpayers: decrease requested
  • IHTM30441 · Reconsideration by HMRC: general rules
  • IHTM30442 · Reconsideration by HMRC: agreements
  • IHTM30443 · Reconsideration by HMRC: Valuation Office Agency
  • IHTM30444 · Reconsideration by HMRC: Shares and Assets Valuation
  • IHTM30445 · Reconsideration by HMRC: effect of a sale
  • IHTM30451 · Determination of questions on previous view of the law: scope of IHTA84/S255
  • IHTM30452 · Determination of questions on previous view of the law: HMRC law
  • IHTM30453 · Determination of questions on previous view of the law: disputed cases
  • IHTM30454 · Determination of questions on previous view of the law: payment and acceptance of tax
  • IHTM30455 · Determination of questions on previous view of the law: delay by HMRC
  • IHTM30456 · Determination of questions on previous view of the law: instalment cases
  • IHTM30457 · Determination of questions on previous view of the law: amendments after the change of practice
  • IHTM30461 · Limitation of liability by lapse of time: statutory provisions
  • IHTM30462 · Limitation of liability by lapse of time: time limits for recovery of unpaid tax
  • IHTM30463 · Limitation of liability by lapse of time: provisional calculations
  • IHTM30464 · Limitation of liability by lapse of time: property in the hands of purchasers
  • IHTM30465 · Limitation of liability by lapse of time: offshore matter and offshore transfers
  • IHTM30501 · Remissions: introduction
  • IHTM30502 · Remissions: distinction between remissions and irrecoverable assessments
  • IHTM30503 · Remissions: when a claim may be discharged
  • IHTM30531 · Compromise cases: points of law
  • IHTM30532 · Compromise cases: unenforceable claims
  • IHTM30533 · Compromise cases: assessments
  • IHTM30534 · Compromise cases: reference to Debt Management & Banking
  • IHTM30551 · Erroneous or excessive repayments of tax: over-repayments to be reported
  • IHTM30552 · Erroneous or excessive repayments of tax: repayment of deposits
  • IHTM30553 · Erroneous or excessive repayments of tax: recovery procedures
  • IHTM30554 · Erroneous or excessive repayments of tax: interest supplement
  • IHTM30521 · Remission of interest: introduction
  • IHTM30522 · Remission of interest: delay cases (Code of Practice)
  • IHTM30523 · Remission of interest: procedure in delay cases
  • IHTM30524 · Remission of interest: guidelines in delay cases
  1. Liability and payment of tax: contents
  2. Definition and extent of liability: persons liable under IHTA84/S200 (1)(c)

IHTM30035 | Definition and extent of liability: persons liable under IHTA84/S200 (1)(c)

From HM Revenue & Customs · Inheritance Tax Manual

So far as the Inheritance Tax on the transfer on death is attributable to the value of any property, IHTA84/S200 (1)(c) imposes liability on

  • any person in whom the property is vested ,whether beneficially or otherwise, at any time after the death

  • any person who is beneficially entitled to an interest in possession in the property at any time after the death.

Reference to any property includes any property directly or indirectly representing it (IHTA84/S200 (4).

The persons IHTA84/S200 (1)(c) most commonly applies to are

  • beneficiaries

  • persons who held property in a fiduciary capacity, such as trustees.

Other persons liable under IHTA84/S200 (1)(c) include purchasers, subject to limitation (IHTM30036).

It is HMRC’s view that, in Scotland, property passing under a contractual survivorship destination (IHTM15093) on a death comes under IHTA84/S200 (1)(c), and that liability for tax on any such property lies with the survivor.

Under IHTA84/S200 (4), applying IHTA84/S199 (4), persons in whom property is vested include

  • broadly, an executor de son tort or constructive trustee (or, in Scotland, a vitious intromitter)

  • any person to whom management of the property is entrusted on behalf of a person not of full legal capacity.

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