IHTM11000 - Exemptions: contents

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

Introduction

IHTM11001 Introduction

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Groups of exempt transfers

IHTM11011 Introduction
IHTM11012 Lifetime and death transfers
IHTM11013 Quantifying the exemption
IHTM11014 Transfers of Heritage property
IHTM11015 Transfers on death only

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General procedure

IHTM11021 Handling a claim for exemption
IHTM11022 Basic requirements for exemption
IHTM11023 Situations where the exemption can be accepted without investigation
IHTM11024 Calculations
IHTM11025 Claims against the deceased's estate (England and Wales)
IHTM11026 Restriction of exemption where the beneficiary settles a claim against the deceased's estate from their own resources (England and Wales)

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Spouse or civil partner exemption

IHTM11031 Introduction
IHTM11032 Definition of 'spouse' or 'civil partner'
IHTM11033 Spouse or civil partner domiciled outside UK

General procedure for death transfers

IHTM11041 Initial steps
IHTM11042 Special points to look out for
IHTM11043 Reviewing cases where the spouse or civil partner is the sole absolute beneficiary
IHTM11044 Reviewing cases where the spouse or civil partner is not the only beneficiary
IHTM11045 What 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)
IHTM11047 Review of non-taxpaying estates
IHTM11048 What to do where the exemption has not been claimed
IHTM11049 Changes to the devolution of property after the death

Settled property

IHTM11061 Exemption where the transferor creates an interest in possession for their spouse or civil partner
IHTM11062 What happens when an interest in possession devolves to the spouse or civil partner
IHTM11063 Exclusion from exemption in connection with a reversionary interest
IHTM11064 What 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

IHTM11071 Introduction
IHTM11072 Annuity payable out of the income of the estate
IHTM11073 Property charged with or appropriated for payment
IHTM11074 Annuity to be purchased
IHTM11075 Annuity secured by personal covenant
IHTM11076 Annuity payable by the surviving partners of a business
IHTM11077 Annuities of variable amounts

Exceptions where the exemption does not apply

IHTM11091 Introduction
IHTM11092 Postponed gifts
IHTM11093 Conditional gifts
IHTM11094 Payments under I(PFD)A Orders
IHTM11095 Acquisition of a reversion

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Gifts to charities and registered clubs

IHTM11101 Introduction

General outline

IHTM11111 Requirements for exemption
IHTM11112 Meaning of 'charity' and 'charitable'
IHTM11113 'Charitable status' and date for determining status
IHTM11114 Quantifying the exemption
IHTM11115 Established for charitable purposes
IHTM11116 The jurisdiction condition
IHTM11117 The registration condition
IHTM11118 The management condition

Procedure

IHTM11123 Checking the exemption
IHTM11124 Straightforward gifts and acceptable bequests
IHTM11125 Referrals to Technical
IHTM11126 Identifying the beneficiary
IHTM11127 Examples of gifts where the beneficiary is not a charity
IHTM11128 Beneficiaries outside the UK
IHTM11129 Selection trusts
IHTM11130 Newly created charities
(This text has been withheld because of exemptions in the Freedom of Information Act 2000)
IHTM11132 The Charities Aid Foundation
IHTM11133 Special situations
IHTM11134 Types of gift where it is doubtful exemption will apply
IHTM11135 Categories of gift accepted as exempt in limited circumstances
IHTM11136 HMRC Charities database
IHTM11137 The Charity Commission and other databases
IHTM11138 Exemption not deducted
IHTM11139 Household and personal goods donated to charity (Form IHT408)

Community Amateur Sports Clubs (CASCs)

IHTM11140 Meaning of Community Amateur Sports Clubs (CASCs) and 'registered club'
IHTM11141 The location condition
IHTM11142 The management condition

Settled property

IHTM11161 Background
IHTM11162 Purchase of a reversionary interest from a charity (anti-avoidance)
IHTM11163 Purchase of a reversionary interest by a charity between April 1976 and April 1978 (anti-avoidance)
IHTM11164 Purchase of a reversionary interest by a charity after 12 April 1978 (anti-avoidance)

Exclusions from exemption

IHTM11171 Introduction
IHTM11172 Gifts not limited to charitable and other exempt purposes
IHTM11173 Defeasible gifts
IHTM11174 Postponed gifts
IHTM11175 Conditional gifts
IHTM11176 Gift less than donor's whole interest or for a limited period
IHTM11177 Interest reserved or created - land or buildings
IHTM11178 Interest reserved or created - property other than land

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Gifts to political parties

IHTM11191 Introduction
IHTM11192 Quantifying the exemption
IHTM11193 Requirements for exemption
IHTM11194 Gifts to the Conservative party
IHTM11195 Gifts to the Liberal Democrats
IHTM11196 Requirements for a qualifying political party
IHTM11197 Qualifying political parties

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Gifts to registered housing associations

IHTM11211 Summary
IHTM11212 Registered social landlords (RSLs)

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Gifts for National Purposes

IHTM11221 Introduction
IHTM11222 Procedure
IHTM11223 Qualifications specific to the exemption
IHTM11224 Qualifying Bodies
IHTM11225 Local authority
IHTM11226 Government department
IHTM11227 A health service body

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Exemptions

IHTM11240 Gifts for public benefit
IHTM11250 Maintenance funds
IHTM11260 Conditional exemption
IHTM11270 Diplomatic and consular immunity

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Killed in war exemption

IHTM11281 Summary
IHTM11282 Extent of the exemption

Procedure

IHTM11291 Application for exemption
IHTM11292 What to do when you receive a certificate
IHTM11293 Referral of certain certificates

Types of certificate

IHTM11301 Deaths of currently serving persons
IHTM11302 Deaths of persons not currently serving

Categories of service entitled to exemption

IHTM11311 General
IHTM11312 Position prior to Armed Forces Act 1981
IHTM11313 Police Service of Northern Ireland
IHTM11314 Civilian deaths

Estate Duty KIW exemptions for settled property

IHTM11321 Surviving spouse exemption
IHTM11322 Extra statutory concession F13