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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: investigation

IHTM42921 | Employee benefit trusts: conditions for relief: investigation

From HM Revenue & Customs · Inheritance Tax Manual

When investigating whether or not an employee benefit trust satisfies the requirements of IHTA84/S86, there are a number of points to look out for. These are:

  • non-qualifying beneficiaries (IHTM42922)

  • former employees (IHTM42923)

  • probationers (IHTM42924)

  • partnerships (IHTM42925)

  • trustees’ remuneration (IHTM42926)

  • splitting funds or ‘hiving off’ (IHTM42927)

  • employees outside the UK (IHTM42928)

  • company groups and subsidiaries (IHTM42929)

  • share price schemes (IHTM42930)

  • part-time staff and casual labour (IHTM42931)

  • best interests of the company (IHTM42932)

  • insolvency (IHTM42933)

  • consultants (IHTM42934)

  • payment of tax liabilities out of trust funds (IHTM42935)

  • power to transfer funds to another settlement (IHTM42936)

  • direction to waive dividends (IHTM42937)

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