Ihtm30000 - liability and payment of tax: contents - hmrc internal manual

IHTM30000 - LIABILITY AND PAYMENT OF TAX: CONTENTS INTRODUCTION * IHTM30001 Introduction LIABILITY * IHTM30011 Liability: Introduction LIABILITY: LIABILITY ON DEATH TRANSFERS * IHTM30021

Liability: Liability on death transfers: The persons liable * IHTM30022 Liability: Liability on death transfers: Other unsettled property (except GWRs) * IHTM30023 Liability: Liability on

death transfers: Settled property in which deceased had a qualifying interest in possession * IHTM30024 Liability: Liability on death transfers: Succession in Scotland * IHTM30025 Liability:

Liability on death transfers: Interests under Superannuation Schemes * IHTM30026 Liability: Liability on death transfers: Priorities LIABILITY: DEFINITION AND EXTENT OF LIABILITY *

IHTM30031 Liability: Definition and extent of liability: Personal representatives * IHTM30032 Liability: Definition and extent of liability: Extent of a personal representative's

liability * IHTM30033 Liability: Definition and extent of liability: Nature of a personal representative's liability * IHTM30034 Liability: Definition and extent of liability: Trustees

* IHTM30035 Liability: Definition and extent of liability: Persons liable under S200(1)(c) * IHTM30036 Liability: Definition and extent of liability: Persons excluded * IHTM30037 Liability:

Definition and extent of liability: Property settled before the death * IHTM30038 Liability: Definition and extent of liability: Particular situations * IHTM30039 Liability: Definition and

extent of liability: Policies effected by a person who dies domiciled outside the UK LIABILITY: LIABILITY ON POTENTIALLY EXEMPT TRANSFERS (PETS) * IHTM30041 Liability: Liability on

potentially exempt transfers (PETs): Persons liable * IHTM30042 Liability: Liability on potentially exempt transfers (PETs): Priorities * IHTM30043 Liability: Liability on potentially exempt

transfers (PETs): Recourse to transferor's personal representatives * IHTM30044 Liability: Liability on potentially exempt transfers (PETs): Practice relating to personal

representatives LIABILITY: DEFINITION AND EXTENT OF LIABILITY (PETS) * IHTM30051 Liability: Definition and extent of liability (PETs): Transferee * IHTM30052 Liability: Definition and extent

of liability (PETs): Persons liable under S199(1)(c) * IHTM30053 Liability: Definition and extent of liability (PETs): Persons excluded * IHTM30054 Liability: Definition and extent of

liability (PETs): Objects of a relevant property trust LIABILITY: LIABILITY ON LIFETIME TRANSFERS CHARGEABLE WHEN MADE * IHTM30061 Liability: Liability on lifetime transfers chargeable when

made: Introduction * IHTM30062 Liability: Liability on lifetime transfers chargeable when made: Persons liable LIABILITY: DEFINITION AND EXTENT OF LIABILITY (LIFETIME TRANSFERS CHARGEABLE

WHEN MADE) * IHTM30071 Liability: Definition and extent of liability (lifetime transfers chargeable when made): Transferor * IHTM30072 Liability: Definition and extent of liability (lifetime

transfers chargeable when made): Extent of liability of persons secondarily liable * IHTM30073 Liability: Definition and extent of liability (lifetime transfers chargeable when made):

Spouse or civil partner of transferor * IHTM30074 Liability: Definition and extent of liability (lifetime transfers chargeable when made): Limitation on spouse's or civil partner's

liability LIABILITY: LIABILITY ON GIFTS WITH RESERVATION (GWRS) * IHTM30081 Liability: Liability on gifts with reservation (GWRs): Introduction * IHTM30082 Liability: Liability on gifts

with reservation (GWRs): Persons liable when treated as a PET * IHTM30083 Liability: Liability on gifts with reservation (GWRs): Persons liable when treated as part of death estate *

IHTM30084 Liability: Liability on gifts with reservation (GWRs): Definition and extent of liability LIABILITY: LIABILITY ON SETTLED PROPERTY * IHTM30091 Liability: Liability on settled

property: Persons liable LIABILITY: DEFINITION AND EXTENT OF LIABILITY (SETTLED PROPERTY) * IHTM30101 Liability: Definition and extent of liability (settled property): Trustees * IHTM30102

Liability: Definition and extent of liability (settled property): Persons other than trustees * IHTM30103 Liability: Definition and extent of liability (settled property): Beneficiaries *

IHTM30104 Liability: Definition and extent of liability (settled property): Recipients of benefit LIABILITY: THE SETTLOR * IHTM30111 Liability: The settlor: Definitions * IHTM30112

Liability: The settlor: Limitations on settlor's liability * IHTM30113 Liability: The settlor: PETs * IHTM30114 Liability: The settlor: Death charge on lifetime transfers chargeable

when made * IHTM30115 Liability: The settlor: Settlement made before 11 December 1974 LIABILITY: LIABILITY IN SPECIAL CASES * IHTM30121 Liability: Liability in special cases: Heritage

property * IHTM30122 Liability: Liability in special cases: Discretionary trust charges and heritage property * IHTM30123 Liability: Liability in special cases: Woodlands * IHTM30124

Liability: Liability in special cases: Transfers by a close company * IHTM30125 Liability: Liability in special cases: liability of purchaser GENERAL PAYMENT RULE * IHTM30140 General payment

rule DUE DATE FOR PAYMENT * IHTM30151 Due date for payment: Death transfers * IHTM30152 Due date for payment: Other charges arising on death * IHTM30153 Due date for payment: Lifetime

transfers chargeable when made * IHTM30154 Due date for payment: Discretionary trusts * IHTM30155 Due date for payment: Conditionally exempt property * IHTM30156 Due date for payment:

Woodlands * IHTM30157 Due date for payment: Payment before due date * IHTM30158 Due date for payment: Request to pay in advance * IHTM30159 Due date for payment: Postponing payment TAX

PAYABLE ON TAKING OUT OF GRANT * IHTM30171 Tax payable on taking out of grant: Inheritance Tax rates * IHTM30172 Tax payable on taking out of grant: Non-instalment option property TAX

PAYABLE ON TAKING OUT OF GRANT: PAYMENT METHODS * IHTM30181 Tax payable on taking out of grant: Payment methods: Payment by cheque * IHTM30182 Tax payable on taking out of grant: Payment

methods: Payment by electronic transfer * IHTM30183 Tax payable on taking out of grant: Payment methods: Payment by National Savings or government stock * IHTM30184 Tax payable on taking out

of grant: Payment methods: Payment by IHT Direct Payment Scheme * IHTM30185 Tax payable on taking out of grant: Payment methods: Payment by transfer of land or chattels * IHTM30186 Tax

payable on taking out of grant: Payment methods: Payment by Certificates of Tax Deposit * IHTM30187 Tax payable on taking out of grant: Payment methods: Payment out of tax repayments

INSTALMENT OPTION * IHTM30191 Instalment option: Introduction INSTALMENT OPTION: PAYMENT BY INSTALMENTS * IHTM30201 Instalment option: Payment by instalments: When instalments are payable *

IHTM30202 Instalment option: Payment by instalments: Election * IHTM30203 Instalment option: Payment by instalments: Request to elect for instalments after tax paid in one sum * IHTM30204

Instalment option: Payment by instalments: Option where additional tax payable INSTALMENT OPTION: TRANSFERS ON DEATH * IHTM30211 Instalment option: Transfers on death: Introduction *

IHTM30212 Instalment option: Transfers on death: Categories of qualifying property * IHTM30213 Instalment option: Transfers on death: Land * IHTM30214 Instalment option: Transfers on death:

Businesses and interests in businesses * IHTM30215 Instalment option: Transfers on death: Shares and securities * IHTM30216 Instalment option: Transfers on death: Meaning of

'unquoted' for instalments * IHTM30217 Instalment option: Transfers on death: Control holdings of shares and securities * IHTM30218 Instalment option: Transfers on death: Unquoted

shares - undue hardship * IHTM30219 Instalment option: Transfers on death: Unquoted shares - 20% tax test * IHTM30220 Instalment option: Transfers on death: Unquoted shares - £20,000 value

and 10% nominal value test INSTALMENT OPTION: PETS * IHTM30231 Instalment option: PETs: Deaths before 17 March 1987 INSTALMENT OPTION: TRANSFERS AND OTHER EVENTS ON OR AFTER 17 MARCH 1987 *

IHTM30241 Instalment option: Transfers and other events on or after 17 March 1987: The conditions * IHTM30242 Instalment option: Transfers and other events on or after 17 March 1987:

Unquoted shares * IHTM30243 Instalment option: Transfers and other events on or after 17 March 1987: Settled property * IHTM30244 Instalment option: Transfers and other events on or after 17

March 1987: The transferee INSTALMENT OPTION: QUALIFYING PROPERTY (PETS) * IHTM30251 Instalment option: Qualifying property (PETs): Land * IHTM30252 Instalment option: Qualifying property

(PETs): Businesses and interest in businesses * IHTM30253 Instalment option: Qualifying property (PETs): Control holdings * IHTM30254 Instalment option: Qualifying property (PETs): Unquoted

shares or securities - undue hardship * IHTM30255 Instalment option: Qualifying property (PETs): Unquoted shares or securities - 20% tax test * IHTM30256 Instalment option: Qualifying

property (PETs): Unquoted shares - £20,000 value and 10% nominal value INSTALMENT OPTION: LIFETIME TRANSFERS CHARGEABLE WHEN MADE * IHTM30261 Instalment option: Lifetime transfers chargeable

when made: Introduction * IHTM30262 Instalment option: Lifetime transfers chargeable when made: Tax immediately payable * IHTM30263 Instalment option: Lifetime transfers chargeable when

made: Additional tax payable on death of transferor * IHTM30264 Instalment option: Lifetime transfers chargeable when made: Previous legislation and lifetime transfers * IHTM30265 Instalment

option: Lifetime transfers chargeable when made: Qualifying property INSTALMENT OPTION: GIFTS WITH RESERVATION * IHTM30271 Instalment option: Gifts with reservation: Deceased's

residence * IHTM30272 Instalment option: Gifts with reservation: Other qualifying property INSTALMENT OPTION: LIFETIME CESSER OF AN INTEREST IN POSSESSION * IHTM30281 Instalment option:

Lifetime cesser of a qualifying interest in possession: Introduction * IHTM30282 Instalment option: Lifetime cesser of a qualifying interest in possession: Cesser a PET * IHTM30283

Instalment option: Lifetime cesser of a qualifying interest in possession: Cesser taxable when made INSTALMENT OPTION: RELEVANT PROPERTY TRUSTS * IHTM30290 Instalment option: Relevant

property trusts INSTALMENT OPTION: WOODLANDS * IHTM30300 Instalment option: Woodlands INSTALMENT OPTION: ATTRIBUTION PROCESS * IHTM30311 Instalment option: Attribution process: Introduction

* IHTM30312 Instalment option: Attribution process: Lifetime transfers * IHTM30313 Instalment option: Attribution process: Death estate INSTALMENT OPTION: END OF INSTALMENT OPTION *

IHTM30321 Instalment option: End of instalment option: Introduction * IHTM30322 Instalment option: End of instalment option: Meaning of 'sold' * IHTM30323 Instalment option: End of

instalment option: Underwriting interests * IHTM30324 Instalment option: End of instalment option: Chargeable transfers otherwise than on death INTEREST * IHTM30341 Interest: Introduction

INTEREST: RATES OF INTEREST * IHTM30351 Interest: Rates of interest: Background * IHTM30352 Interest: Rates of interest: The rates * IHTM30353 Interest: Rates of interest: The higher and

lower rates before 16 December 1986 INTEREST: INTEREST PERIOD * IHTM30361 Interest: Interest period: General rule * IHTM30362 Interest: Interest period: Instalments without interest relief *

IHTM30363 Interest: Interest period: Instalments with interest relief INTEREST: SPECIAL RULES * IHTM30371 Interest: Special rules: Inheritance (Provision for Family & Dependants) Act

1975 * IHTM30372 Interest: Special rules: Voidable transfers * IHTM30373 Interest: Special rules: Property accepted in satisfaction of tax * IHTM30374 Interest: Special rules: Scotland -

legitim * IHTM30375 Interest: Special rules: Settled property - sales and mortgages of reversionary interests ADJUSTMENT OF TAX PAID * IHTM30401 Adjustment of tax paid: Underpayments *

IHTM30402 Adjustment of tax paid: Repayments ADJUSTMENT OF TAX PAID: REOPENING IHT LIABILITIES * IHTM30411 Adjustment of tax paid: Reopening IHT liabilities: Introduction * IHTM30412

Adjustment of tax paid: Reopening IHT liabilities: Procedure ADJUSTMENT OF TAX PAID: RECONSIDERATION OF VALUE * IHTM30421 Adjustment of tax paid: Reconsideration of value: Introduction

ADJUSTMENT OF TAX PAID: RECONSIDERATION OF VALUE: RECONSIDERATION BY TAXPAYERS * IHTM30431 Adjustment of tax paid: Reconsideration of value - reconsideration by taxpayers: Bars to reopening

value * IHTM30432 Adjustment of tax paid: Reconsideration of value - reconsideration by taxpayers: Changed circumstances * IHTM30433 Adjustment of tax paid: Reconsideration of value -

reconsideration by taxpayers: Unquoted shares * IHTM30434 Adjustment of tax paid: Reconsideration of value - reconsideration by taxpayers: Land and buildings * IHTM30435 Adjustment of tax

paid: Reconsideration of value - reconsideration by taxpayers: Decrease requested ADJUSTMENT OF TAX PAID: RECONSIDERATION OF VALUE: RECONSIDERATION BY HMRC * IHTM30441 Adjustment of tax

paid: Reconsideration of value - reconsideration by HMRC: General rules * IHTM30442 Adjustment of tax paid: Reconsideration of value - reconsideration by HMRC: Agreements * IHTM30443

Adjustment of tax paid: Reconsideration of value - reconsideration by HMRC: Valuation Office Agency * IHTM30444 Adjustment of tax paid: Reconsideration of value - reconsideration by HMRC:

Shares and Assets Valuation * IHTM30445 Adjustment of tax paid: Reconsideration of value - reconsideration by HMRC: Effect of a sale ADJUSTMENT OF TAX PAID: DETERMINATION OF QUESTIONS ON

PREVIOUS VIEW OF THE LAW * IHTM30451 Adjustment of tax paid: Determination of questions on previous view of the law: Scope of IHTA84/S255 * IHTM30452 Adjustment of tax paid: Determination of

questions on previous view of the law: HMRC law * IHTM30453 Adjustment of tax paid: Determination of questions on previous view of the law: Disputed cases * IHTM30454 Adjustment of tax

paid: Determination of questions on previous view of the law: Payment and acceptance of tax * IHTM30455 Adjustment of tax paid: Determination of questions on previous view of the law: Delay

by HMRC * IHTM30456 Adjustment of tax paid: Determination of questions on previous view of the law: Instalment cases * IHTM30457 Adjustment of tax paid: Determination of questions on

previous view of the law: Amendments after the change of practice ADJUSTMENT OF TAX PAID: LIMITATION OF LIABILITY BY LAPSE OF TIME * IHTM30461 Adjustment of tax paid: Limitation of liability

by lapse of time: Statutory provisions * IHTM30462 Adjustment of tax paid: Limitation of liability by lapse of time: Time limits for recovery of unpaid tax * IHTM30463 Adjustment of tax

paid: Limitation of liability by lapse of time: Provisional calculations * IHTM30464 Adjustment of tax paid: Limitation of liability by lapse of time: Property in the hands of purchasers *

IHTM30465 Adjustment of tax paid: Limitation of liability by lapse of time: Offshore matter and offshore transfers REMISSIONS * IHTM30501 Remissions: Introduction * IHTM30502 Remissions:

Distinction between remissions and irrecoverable assessments * IHTM30503 Remissions: When a claim may be discharged REMISSIONS: COMPROMISE CASES * IHTM30531 Remissions: Compromise cases:

Points of law * IHTM30532 Remissions: Compromise cases: Unenforceable claims * IHTM30533 Remissions: Compromise cases: Assessments * IHTM30534 Remissions: Compromise cases: Reference to Debt

Management and Banking REMISSIONS: ERRONEOUS OR EXCESSIVE REPAYMENTS OF TAX * IHTM30551 Remissions: Erroneous or excessive repayments of tax: Over-repayments to be reported * IHTM30552

Remissions: Erroneous or excessive repayments of tax: Repayment of deposits * IHTM30553 Remissions: Erroneous or excessive repayments of tax: Recovery procedures * IHTM30554 Remissions:

Erroneous or excessive repayments of tax: Interest supplement Print this page