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Legislation
Inheritance Tax Act 1984

CHAPTER III ALLOCATION OF EXEMPTIONS

  • Section 36 Preliminary.
  • Section 37 Abatement of gifts.
  • Section 38 Attribution of value to specific gifts.
  • Section 39 Attribution of value to residuary gifts.
  • Section 39A Operation of sections 38 and 39 in cases of business or agricultural relief.
  • Section 40 Gifts made separately out of different funds.
  • Section 41 Burden of tax.
  • Section 42 Supplementary.
  1. Chapter III · ALLOCATION OF EXEMPTIONS
  2. Abatement of gifts.

Section 37 | Abatement of gifts.

From legislation.gov.uk

(1)Where a gift would be abated owing to an insufficiency of assets and without regard to any tax chargeable, the gift shall be treated for the purposes of the following provisions of this Chapter as so abated.

(2)Where the value attributable, in accordance with section 38 below, to specific gifts exceeds the value transferred the gifts shall be treated as reduced to the extent necessary to reduce their value to that of the value transferred; and the reduction shall be made in the order in which, under the terms of the relevant disposition or any rule of law, it would fall to be made on a distribution of assets.

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