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IHT400 Notes : Guide to completing your Inheritance Tax account

IHT400 Notes : Guide to completing your Inheritance Tax account

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Gifts made within<br />

seven years<br />

before death<br />

A Website: www.hmrc.gov.uk/<br />

inheritancetax<br />

Helpline: 0845 30 20 900<br />

20<br />

<strong>IHT400</strong> <strong>Notes</strong><br />

1<br />

2<br />

and<br />

3<br />

4<br />

<strong>Guide</strong> <strong>to</strong> <strong>completing</strong> <strong>your</strong> <strong>Inheritance</strong> <strong>Tax</strong> <strong>account</strong><br />

Gifts or assets transferred<br />

This includes gifts of cash or other assets and any other arrangements that<br />

have given rise <strong>to</strong> a 'loss <strong>to</strong> the donor'. This may include:<br />

• granting a lease at less than full market rent<br />

• re-arranging the shares in a private company, or altering the rights<br />

attached <strong>to</strong> the shares<br />

• agreeing <strong>to</strong> act as a guaran<strong>to</strong>r for someone else's debts.<br />

If you are not sure whether <strong>to</strong> include details of a particular transaction,<br />

please phone our helpline.<br />

Trusts and settlements created by the deceased during their lifetime<br />

This includes gifts of cash or other assets as well as any other arrangements<br />

with the trustees that have given rise <strong>to</strong> a 'loss <strong>to</strong> the donor'. If the gift was<br />

made on or after 22 March 2006 we will calculate tax using the rate of tax<br />

appropriate <strong>to</strong> the date the gift was made, unless one of the following<br />

conditions apply:<br />

• the trust was set up for the benefit of a person who was disabled at the<br />

time the assets were transferred in<strong>to</strong> trust, or<br />

• the trust was set up by a person who is suffering from a condition which<br />

can be expected <strong>to</strong> lead <strong>to</strong> them becoming disabled, and<br />

— the gift was from their own assets<br />

— the trust is for their own benefit.<br />

See page 16 of this guide for a definition of a disabled person.<br />

Premiums paid on a life assurance policy<br />

You should answer 'yes' <strong>to</strong> this question if the deceased has made a gift by<br />

paying the premium(s) on a life assurance policy for the benefit of<br />

someone else. Please ignore policies where the only person <strong>to</strong> benefit<br />

would be the deceased's spouse or civil partner. You should provide a<br />

copy of:<br />

• the life assurance policy, and<br />

• any related documents such as trust deeds and loan agreements.<br />

If there is more than one insurance policy and they are all identical, you<br />

only need <strong>to</strong> send a copy of one policy. You must include details of all<br />

premiums paid and provide copies of the policy documents, even if you<br />

are deducting exemption as gifts made out of income (see page 21).<br />

In some circumstances, the deceased may have purchased an annuity as<br />

well as paying the premiums on a life assurance policy for the benefit of<br />

someone else. There are rules that might apply in such circumstances and<br />

the exemption as gifts made out of income may not be available against<br />

the premiums.<br />

Please provide a copy of the annuity documents and life assurance policy if<br />

the deceased had:<br />

• purchased an annuity (at any time), and<br />

• paid the premiums on a life assurance policy for the benefit of someone<br />

else, and<br />

• the life assurance policy was taken out after 27 March 1974.

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