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Legislation
Inheritance Tax Act 1984

Crossheading Rates

  • Section 7 Rates.
  • Section 8 Indexation of rate bands.
  • Section 8A Transfer of unused nil-rate band between spouses and civil partners
  • Section 8B Claims under section 8A
  • Section 8C Section 8A and subsequent charges
  • Section 8D Extra nil-rate band on death if interest in home goes to descendants etc
  • Section 8E Residence nil-rate amount: interest in home goes to descendants etc
  • Section 8F Residence nil-rate amount: no interest in home goes to descendants etc
  • Section 8FA Downsizing addition: entitlement: low-value death interest in home
  • Section 8FB Downsizing addition: entitlement: no residential interest at death
  • Section 8FC Downsizing addition: effect: section 8E case
  • Section 8FD Downsizing addition: effect: section 8F case
  • Section 8FE Calculation of lost relievable amount
  • Section 8G Meaning of “brought-forward allowance”
  • Section 8H Meaning of “qualifying residential interest” , “qualifying former residential interest” and “residential property interest”
  • Section 8HA Qualifying former residential interest”: interests in possession
  • Section 8J Meaning of “inherited”
  • Section 8K Meaning of “closely inherited”
  • Section 8L Claims for brought-forward allowance and downsizing addition
  • Section 8M Residence nil-rate amount: cases involving conditional exemption
  • Section 9 Transitional provisions on reduction of tax.
  1. Rates
  2. Meaning of “brought-forward allowance”

Section 8G | Meaning of “brought-forward allowance” F1

From legislation.gov.uk

(1)This section is about the amount of the brought-forward allowance (see section 8D(5)(f)) for a person (“P”) who dies on or after 6 April 2017.F1

(2)In this section “related person” means a person other than P where—F1

(a)the other person dies before P, andF1

(b)immediately before the other person dies, P is the other person's spouse or civil partner.F1

(3)P's brought-forward allowance is calculated as follows—F1

(a)identify each amount available for carry-forward from the death of a related person (see sections 8E , 8F and 8FD, and subsections (4) and (5)),F1F2

(b)express each such amount as a percentage of the residential enhancement at the death of the related person concerned,F1

(c)calculate the percentage that is the total of those percentages, andF1

(d)the amount that is that total percentage of the residential enhancement at P's death is P's brought-forward allowance or, if that total percentage is greater than 100%, P's brought-forward allowance is the amount of the residential enhancement at P's death,F1

but P's brought-forward allowance is nil if no claim for it is made under section 8L.

(4)Where the death of a related person occurs before 6 April 2017—F1

(a)an amount equal to £100,000 is treated for the purposes of subsection (3) as being the amount available for carry-forward from the related person's death, but this is subject to subsection (5), andF1

(b)the residential enhancement at the related person's death is treated for those purposes as being £100,000.F1

(5)If the value (“RPE”) of the related person's estate immediately before the related person's death is greater than £2,000,000, the amount treated under subsection (4)(a) as available for carry-forward is reduced (but not below nil) by—F1

Formula

RPE−£2,000,0002

Notes

  1. F1

    Ss. 8D-8M inserted (18.11.2015) by Finance (No. 2) Act 2015 (c. 33), s. 9(4)

  2. F2

    Words in s. 8G(3)(a) substituted (15.9.2016) by Finance Act 2016 (c. 24), Sch. 15 para. 6

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