IHTM22074 - Tax burden on death: gifts of residue


The deceased has to bear the tax for the estate if they received a gift of the residue.

Example

T died January 2000 leaving an estate of £450,000 - no business relief ( IHTM25131) or agricultural relief.( IHTM24001)

By Will, legacies totalling £200,000 free of tax to chargeable beneficiaries, and residue to R, also a chargeable beneficiary. Tax of £87,600 paid.

R dies in July 2001. Because all the legacies were free of tax, R had to bear the tax on the whole estate. So the net property taken by R was:


Estate of450,000
Less legacies200,000
tax87,600
Net benefit162,400
The QSR calculation is:
162,400x87,600x80%=£25,291
450,000