IHTM22071 - Tax burden on death: summary


The tax paid on the earlier chargeable transfer ( IHTM04027) cannot have increased your deceased's estate. Therefore you have to ensure that your calculation of the property your deceased took does not include the tax on it.

Example

The deceased died in July 2001 having received the entire free estate of S who died in January 1998. S's death estate, wholly chargeable, consisted of:

Lifetime transfers250,000
Free estate155,000
Settled Property58,000
Total chargeable transfer£463,000

The tax on the free estate was £ 62,000. It has all been paid.

The increase in your deceased's estate was:

Value of earlier free estate as agreed for IHT155,000
Less tax on that value62,000
Net value after tax£ 93,000

Where the earlier transfer was on death, in general

  • pecuniary legacies and specific gifts are normally paid free of tax ( IHTM22072) unless there is a contrary provision in the Will or variation.
  • gifts of residue ( IHTM22074) foreign property, settled property and joint property bear their own tax ( IHTM22073).