IHTM14319 - The gift: exempt transfers which can be GWRs


The main exemptions which do not prevent application of the GWR rules are

IHTA84/S3A (4)PET made seven years or more before the death of the transferor ( IHTM14511)
IHTA84/S19Annual exemption ( IHTM14141)
IHTA84/S21Normal out-of-income exemption ( IHTM14131)

So a gift which is an exempt transfer under the above exemptions may be chargeable under the GWR rules, as may a gift which is an exempt transfer under any other section not listed on the previous page.

Small gifts exemption ( IHTM14180)

  • Strictly speaking the small gifts exemption is only available in respect of outright gifts.
  • However, in practice the mere fact that the donor has reserved a benefit in the gifted property should not, of itself, prevent you from regarding the gift as an outright one.