IHTM30112 | The settlor: limitations on settlor's liability
From HM Revenue & Customs · Inheritance Tax Manual
The settlor may be liable for tax on
Under IHTA84/S201 (1)(d) the settlor is liable if two basic conditions are satisfied
the transfer takes place during the settlor’s lifetime
the trustees are for the time being resident outside the UK.
These two conditions are basic. If they are not satisfied, the settlor cannot be liable under IHTA84/S201 (1)(d). But if the conditions are satisfied, the settlor is not necessarily liable. IHTA84/S201 contains three subsections excluding liability under IHTA84/S201 (1)(d) in situations relating to PETs (IHTM30113) and where a settlement was made before 11 December 1974 (IHTM30115).