IHTM45051 | Reduced rate for gifts to charity: other issues: charges arising following the deferral of tax for woodlands or conditional exemption
From HM Revenue & Customs · Inheritance Tax Manual
Where a charge arises following the deferral of tax due to a claim for woodlands relief () or conditional exemption () it would be possible for the reduced rate to apply if either there was ‘unused’ charity exemption when the original tax calculations were made, or as a result of changes in the rate of tax under . These ‘recapture’ charges generally arise where the beneficiary has sold the assets on which the charge was deferred. Consequential amendments in prevent the reduced rate applying whenever a recapture charge arises, so such charges are always liable to tax at 40% and calculated as the top slice of the estate in the normal way. The specific provisions are
FB12/Sch33/Para 4 inserts to disapply the reduced rate when calculating charges under (conditional exemption),
FB12/Sch33/Para 5 amends to refer to so disapplying the reduced rate when calculating charges under (chargeable occasion with relevant property trusts),
FB12/Sch33/Para 6 renumbers as subsection (1) and inserts to disapply the reduced rate when calculating charges under (woodlands), and
FB12/Sch33/Para 8 inserts IHTA84/Sch4/Para 14(2A) to disapply the reduced rate when calculating charges under (maintenance funds).