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Contents

Legislation
Inheritance Tax Act 1984

CHAPTER I GENERAL

  • Section 18 Transfers between spouses or civil partners.
  • Section 19 Annual exemption.
  • Section 20 Small gifts.
  • Section 21 Normal expenditure out of income.
  • Section 22 Gifts in consideration of marriage or civil partnership.
  • Section 23 Gifts to charities or registered clubs.
  • Section 24 Gifts to political parties.
  • Section 24A Gifts to housing associations.
  • Section 25 Gifts for national purposes, etc.
  • Section 26 Gifts for public benefit.
  • Section 26A Potentially exempt transfer of property subsequently held for national purposes etc.
  • Section 27 Maintenance funds for historic buildings, etc.
  • Section 28 Employee trusts.
  • Section 28A Employee-ownership trusts
  • Section 29 Loans—modifications of exemptions.
  • Section 29A Abatement of exemption where claim settled out of beneficiary’s own resources.
  1. Chapter I · GENERAL
  2. Normal expenditure out of income.

Section 21 | Normal expenditure out of income.

From legislation.gov.uk

(1)A transfer of value is an exempt transfer if, or to the extent that, it is shown—

(a)that it was made as part of the normal expenditure of the transferor, and

(b)that (taking one year with another) it was made out of his income, and

(c)that, after allowing for all transfers of value forming part of his normal expenditure, the transferor was left with sufficient income to maintain his usual standard of living.

(2)A payment of a premium on a policy of insurance on the transferor’s life, or a gift of money or money’s worth applied, directly or indirectly, in payment of such a premium, shall not for the purposes of this section be regarded as part of his normal expenditure if, when the insurance was made or at any earlier or later time, an annuity was purchased on his life, unless it is shown that—

(a)the purchase of the annuity, and

(b)the making or any variation of the insurance or of any prior insurance for which the first-mentioned insurance was directly or indirectly substituted,

were not associated operations.

(3)So much of a purchased life annuity (within the meaning of section 423 of the Income Tax (Trading and Other Income) Act 2005 as is, exempt from income tax under section 717 of that Act , shall not be regarded as part of the transferor’s income for the purposes of this section.F1F2

(4)Subsection (3) above shall not apply to annuities purchased before 13th November 1974.

(5)Section 3(4) above shall not apply for the purposes of this section.

Notes

  1. F1

    Words in s. 21(3) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), ss. 882, 883, Sch. 1 para. 395(a) (with Sch. 2)

  2. F2

    Words in s. 21(3) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), ss. 882, 883, Sch. 1 para. 395(b) (with Sch. 2)

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