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Contents

Official guidance
Inheritance Tax Manual

IHTM42900 · Employee benefit trusts

  • IHTM42901 · Introduction
  • IHTM42902 · Changes to legislation from 30 October 2024
  • IHTM42911 · Conditions for relief: specified classes
  • IHTM42912 · Conditions for relief: power to alter trusts
  • IHTM42913 · Conditions for relief: sub clauses
  • IHTM42914 · Conditions for relief: charities
  • IHTM42915 · Conditions for relief: 'all or most' test
  • IHTM42921 · Conditions for relief: investigation
  • IHTM42922 · Conditions for relief: power capable of benefitting non-qualifying beneficiaries
  • IHTM42923 · Conditions for relief: former employees
  • IHTM42924 · Conditions for relief: probationers and other limitations on eligibility
  • IHTM42925 · Conditions for relief: partnerships
  • IHTM42926 · Conditions for relief: trustees' remuneration
  • IHTM42927 · Conditions for relief: splitting funds or 'hiving off'
  • IHTM42928 · Conditions for relief: employees outside the UK
  • IHTM42929 · Conditions for relief: company groups and subsidiaries
  • IHTM42930 · Conditions for relief: Share Price Schemes (other than approved under TA88/SCH9)
  • IHTM42931 · Conditions for relief: part-time staff and casual labour
  • IHTM42932 · Conditions for relief: best interests of the company
  • IHTM42933 · Conditions for relief: insolvency
  • IHTM42934 · Conditions for relief: consultants
  • IHTM42935 · Conditions for relief: payment of tax liabilities out of trust funds
  • IHTM42936 · Conditions for relief: power to transfer funds to another settlement
  • IHTM42937 · Conditions for relief: direction to waive dividends
  • IHTM42940 · Specific schemes: approved profit sharing schemes
  • IHTM42941 · Specific schemes: approved all employee share plans
  • IHTM42945 · Inheritance Tax operation: the reliefs given when a trust qualifies under IHTA84/S86
  • IHTM42946 · Inheritance Tax operation: disregard of small interest in possession
  • IHTM42947 · Inheritance Tax operation: transfer from one employee benefit trust to another
  • IHTM42948 · Inheritance Tax operation: settled shares or securities becoming subject to employee benefit trusts
  • IHTM42950 · Dispositions by an individual: conditions
  • IHTM42951 · Dispositions by an individual: liaison with CGT
  • IHTM42953 · Dispositions by a company: general
  • IHTM42955 · Dispositions by close companies: definition of close company
  • IHTM42956 · Dispositions by close companies: charge on participators: general
  • IHTM42957 · Dispositions by close companies: dispositions not intended to confer gratuitous benefit
  • IHTM42958 · Dispositions by close companies: dispositions allowable in computing profits for Corporation Tax
  • IHTM42959 · Dispositions by close companies: decision in MacDonald (HMIT) v Dextra [2005] UKHL 47
  • IHTM42960 · Dispositions by close companies: dispositions for the benefit of employees
  • IHTM42961 · Dispositions by close companies: dispositions for the benefit of employees - subsidiary
  • IHTM42962 · Dispositions by close companies: restriction of exemption
  • IHTM42963 · Dispositions by close companies: procedure where exemption is restricted
  • IHTM42964 · Dispositions by close companies: liaison with CGT
  • IHTM42965 · Disposition by close companies: business property relief
  • IHTM42968 · Sponsored superannuation schemes: definition
  • IHTM42969 · Sponsored superannuation schemes: tax treatment
  • IHTM42970 · Sub-trusts: introduction
  • IHTM42971 · Sub-trusts: deeds
  • IHTM42972 · Sub-trusts: revocable or irrevocable sub-trust
  • IHTM42973 · Sub-trusts: revocation of sub-trust
  • IHTM42974 · Sub-trusts: commencement date
  • IHTM42975 · Sub-trusts: ten-year charges and exit charges
  • IHTM42976 · Sub-trusts: nil-rate band and calculation of tax
  • IHTM42977 · Sub-trusts: company as settlor
  • IHTM42978 · Sub-trusts: allocation other than by way of sub-trusts
  • IHTM42981 · Property leaving employee benefit trusts: charge to tax
  • IHTM42982 · Property leaving employee benefit trusts: where the charge is imposed
  • IHTM42983 · Property leaving employee benefit trusts: granting of share options
  • IHTM42984 · Property leaving employee benefit trusts: approved Profit Sharing Schemes
  • IHTM42985 · Property leaving employee benefit trusts: approved Share Ownership Plans
  • IHTM42986 · Property leaving employee benefit trusts: treated as income
  • IHTM42987 · Property leaving employee benefit trusts: payment of PAYE and NICs
  • IHTM42988 · Interaction with the ‘disguised remuneration’ legislation
  • IHTM42989 · Property leaving employee benefit trusts: definitions
  • IHTM42990 · Associated issues: newspaper trusts
  • IHTM42991 · Associated issues: health care trusts
  • IHTM42995 · Employee Ownership Trusts: introduction
  • IHTM42996 · Employee Ownership Trusts: qualifying conditions
  • IHTM42997 · Employee Ownership Trusts: exemptions from Inheritance Tax
  1. Employee benefit trusts: contents
  2. Employee benefit trusts: conditions for relief: charities

IHTM42914 | Employee benefit trusts: conditions for relief: charities

From HM Revenue & Customs · Inheritance Tax Manual

Under IHTA84/S86(2) trusts which permit property to be applied for the benefit of persons within IHTA84/S86(1)(a) or (b) do not lose the relief if they also permit the property to be applied for charitable purpose. Funds set up with the firm intention of benefiting the employees often provide that when the trust is wound up the trust capital will be paid to specified individuals or to a charity.

Also see IHTM42933 regarding insolvency.

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