IHTM11000 - Exemptions: contents


Introduction
Groups of exempt transfers
General procedure
Spouse or civil partner exemption
Charity exemption
Gifts to political parties
Gifts to registered housing associations
Gifts for National Purposes
Exemptions
Killed in war exemption

Introduction

IHTM11001Introduction

Groups of exempt transfers

IHTM11011Introduction
IHTM11012Lifetime and death transfers
IHTM11013Quantifying the exemption
IHTM11014Transfers of Heritage property
IHTM11015Death only transfers

General procedure

IHTM11021Handling a claim for exemption
IHTM11022Basic requirements for exemption
IHTM11023Situations where the exemption can be accepted without investigation
IHTM11024Calculations
IHTM11025Claims against the deceased's estate (England and Wales)
IHTM11026Restriction of exemption where the beneficiary settles a claim against the deceased's estate from their own resources (England and Wales) *

Spouse or civil partner exemption

IHTM11031Introduction
IHTM11032Definition of 'spouse' or 'civil partner'
IHTM11033Spouse or civil partner domiciled outside UK

General procedure for death transfers

IHTM11041Initial steps
IHTM11042Special points to look out for
IHTM11043Reviewing cases where the spouse or civil partner is the sole absolute beneficiary
IHTM11044Reviewing cases where the spouse or civil partner is not the only beneficiary
IHTM11045What to do where the spouse or civil partner does not take an absolute benefit
(This text has been withheld because of exemptions in the Freedom of Information Act 2000) (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
IHTM11047Review of non-taxpaying estates
IHTM11048What to do where the exemption has not been claimed
IHTM11049Changes to the devolution of property after the death

Settled property

IHTM11061Exemption where the transferor creates an interest in possession for their spouse or civil partner
IHTM11062What happens when a person disposes of an interest in possession in favour of their spouse or civil partner
IHTM11063Exclusion from exemption in connection with a reversionary interest
IHTM11064What to do where the surviving spouse or civil partner opts for a capital sum instead of a life interest under the intestacy rules

Annuity to spouse or civil partner

IHTM11071Introduction
IHTM11072Annuity payable out of the income of the estate
IHTM11073Property charged with or appropriated for payment
IHTM11074Annuity to be purchased
IHTM11075Annuity secured by personal covenant
IHTM11076Annuity payable by the surviving partners of a business
IHTM11077Annuities of variable amounts

Exceptions where the spouse or civil partner exemption does not apply

IHTM11091Introduction
IHTM11092Postponed gifts
IHTM11093Conditional gifts
IHTM11094Payments under I(PFD)A Orders
IHTM11095Acquisition of a reversion

Charity exemption

IHTM11101Introduction

General outline

IHTM11111Requirements for exemption
IHTM11112Meaning of 'charity' and 'charitable'
IHTM11113'Charitable status' and date for determining status
IHTM11114Quantifying the exemption

Procedure

IHTM11121chart - internal procedure for deciding whether charity exemption is due
IHTM11123Checking the exemption
IHTM11124Straightforward gifts and acceptable bequests
IHTM11125Referrals to TG
IHTM11126Identifying the beneficiary
IHTM11127Examples of gifts where the beneficiary is not a charity
IHTM11128Beneficiaries outside the UK
IHTM11129Selection trusts
IHTM11130Newly created charities
IHTM11131(This text has been withheld because of exemptions in the Freedom of Information Act 2000)
IHTM11132The Charities Aid Foundation
IHTM11133Special situations
IHTM11134Types of gift where it is doubtful exemption will apply
IHTM11135Categories of gift accepted as exempt in limited circumstances
IHTM11136HMRC Charities database
IHTM11137The Internet databases
IHTM11138Exemption not claimed
IHTM11139Community Amateur Sports Clubs (CASCs)

Settled property

IHTM11161Background
IHTM11162Acquisition of a reversionary interest from a charity
IHTM11163Purchase of a reversionary interest by a charity between April 1976 and April 1978
IHTM11164Purchase of a reversionary interest by a charity after 12 April 1978

Exclusions from exemption

IHTM11171Introduction
IHTM11172Gifts not limited to charitable and other exempt purposes
IHTM11173Defeasible gifts
IHTM11174Postponed gifts
IHTM11175Conditional gifts
IHTM11176Gift less than donor's whole interest or for a limited period
IHTM11177Interest reserved or created - land or buildings
IHTM11178Interest reserved or created - property other than land

Gifts to political parties

IHTM11191Introduction
IHTM11192Quantifying the exemption
IHTM11193Requirements for exemption
IHTM11194Gifts to the Conservative party
IHTM11195Gifts to the Liberal Democrats
IHTM11196Requirements for a qualifying political party
IHTM11197Qualifying political parties under the general election on 9 June 1983
IHTM11198Qualifying political parties under the general election on 12 June 1987
IHTM11199Qualifying political parties under the general election on 9 April 1992 and subsequent general elections

Gifts to registered housing associations

IHTM11211Summary
IHTM11212Registered social landlords (RSLs)

Gifts for National Purposes

IHTM11221Introduction
IHTM11222Procedure
IHTM11223Qualifications specific to the exemption
IHTM11224Qualifying Bodies
IHTM11225Local authority
IHTM11226Government department
IHTM11227A health service body

Exemptions

IHTM11240Gifts for public benefit
IHTM11250Maintenance funds
IHTM11260Conditional exemption
IHTM11270Diplomatic and consular immunity

Killed in war exemption

IHTM11281Summary
IHTM11282Extent of the exemption

Procedure

IHTM11291Application for exemption
IHTM11292What to do on receipt of a certificate
IHTM11293Referral of certain certificates

Types of certificate

IHTM11301Deaths of currently serving persons
IHTM11302Deaths of persons not currently serving

Categories of service entitled to exemption

IHTM11311General
IHTM11312Position prior to Armed Forces Act 1981
IHTM11313Police Service of Northern Ireland
IHTM11314Civilian deaths

Estate Duty KIW exemptions for settled property

IHTM11321Surviving spouse exemption
IHTM11322Extra statutory concession F13