IHTM42997 | Employee benefit trusts: Employee Ownership Trusts: exemptions from Inheritance Tax

From HM Revenue & Customs · Inheritance Tax Manual

makes a number of additions to the IHTA to ensure that an Employee Ownership Trust (EOT) is treated in a similar way to an Employee Benefit Trust (EBT) for IHT purposes. All these amendments apply to transfers made on or after 6 April 2014.

provides for an EOT that meets a number of conditions to qualify as a trust to which applies. These are

  • the property settled must consist of or include ordinary share capital in a company which meets the trading requirement in ,

  • the trust must meet the controlling interest requirement in and 236R, and

  • the trust must meet the all-employee benefit requirement in and K.

  • provides the necessary links to the requirements .

IHTA/S13A provides that a disposition () by a close company () to an EOT for the benefit of the company’s employees is not to be treated as a transfer of value, subject to three conditions being met as follows

  • the company must meet the trading requirement

  • the trust must meet the all employee benefit requirement

  • the trust must not meet the controlling interest requirement immediately before the beginning of the tax year in which the disposition occurs but must do so at the end of that year.

IHTA/S28A provides that transfer of value () made by an individual of shares in a company to an EOT for the benefit of the company’s employees is exempt from IHT, subject to the same conditions being met as those which apply for S13A relief

IHTAS75A provides that an exit charge () does not arise in respect of shares of securities of a company cease to be relevant property on becoming held on trusts, subject to the same three conditions being met as those which apply for S13A relief

IHTAS72(3A) provides that a charge under () does not arise where property remains settled property but no longer meets the requirements set out in if the company no longer meets one or both of the trading requirement and the controlling interest requirement.

There are other minor consequential amendments to , and to maintain consistency of treatment between EBTs and EOTs.