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Contents

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. Claims for brought-forward allowance and downsizing addition

Section 8L | Claims for brought-forward allowance and downsizing addition F1

From legislation.gov.uk

(1)A claim for brought-forward allowance for a person (see section 8G) or for a downsizing addition for a person (see sections 8FA to 8FD) may be made—F2

(a)by the person's personal representatives within the permitted period, or

(b)(if no claim is so made) by any other person liable to the tax chargeable on the person's death within such later period as an officer of Revenue and Customs may in the particular case allow.

(2)In subsection (1)(a) “the permitted period” means—

(a)the period of 2 years from the end of the month in which the person dies or (if it ends later) the period of 3 months beginning with the date on which the personal representatives first act as such, or

(b)such longer period as an officer of Revenue and Customs may in the particular case allow.

(3)A claim under subsection (1) made within either of the periods mentioned in subsection (2)(a) may be withdrawn no later than one month after the end of the period concerned.

(4)Subsection (5) applies if—

(a)no claim under this section has been made for brought-forward allowance for a person (“P”),

(b)the amount of the charge to tax under section 4 on the death of another person (“A”) would be different if a claim under subsection (1) had been made for brought-forward allowance for P, and

(c)the amount of the charge to tax under section 4 on the death of P, and the amount of the charge to tax under section 4 on the death of any person who is neither P nor A, would not have been different if a claim under subsection (1) had been made for brought-forward allowance for P.

(5)A claim for brought-forward allowance for P may be made—

(a)by A's personal representatives within the allowed period, or

(b)(if no claim is so made) by any other person liable to the tax chargeable on A's death within such later period as an officer of Revenue and Customs may in the particular case allow.

(6)In subsection (5)(a) “the allowed period” means—

(a)the period of 2 years from the end of the month in which A dies or (if it ends later) the period of 3 months beginning with the date on which the personal representatives first act as such, or

(b)such longer period as an officer of Revenue and Customs may in the particular case allow.

(7)A claim under subsection (5) made within either of the periods mentioned in subsection (6)(a) may be withdrawn no later than one month after the end of the period concerned.

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. 8L(1) inserted (15.9.2016) by Finance Act 2016 (c. 24), Sch. 15 para. 11(b)

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