Regulation 3 Amendment of the principal Regulations
Regulation 4 (excepted estates) of the principal Regulations is amended as follows.
In paragraph (2)—
in sub-paragraph (c)(i), for “£150,000” substitute “£250,000”;
in sub-paragraph (d), for “£150,000” substitute “£250,000”;
for sub-paragraph (e) substitute—
“(e)the gross value of the estate for inheritance tax did not exceed the IHT threshold.”.
In paragraph (3)—
for sub-paragraph (c)(i) substitute—
“(i)not more than £1,000,000 represented value attributable to property which, immediately before that person’s death, was settled property, and of that settled property, not more than £250,000 represented value attributable to property other than property transferred on that person’s death by a spouse, civil partner or charity transfer; and”;
in sub-paragraph (d), for “£150,000” substitute “£250,000”;
for sub-paragraph (e) substitute—
“(e)the gross value of the estate for inheritance tax did not exceed £3,000,000;”;
for sub-paragraph (f) substitute—
“(f)the net qualifying value of the estate does not exceed the IHT threshold.”.
In paragraph (4) for “the value of B” substitute “in calculating the net qualifying value of the estate the value of EVT”.
In paragraph (5)—
in sub-paragraph (ba) omit “and”;
after sub-paragraph (ba) insert—
“(bb)that person was not beneficially entitled to any property to which paragraph 2 or 3 of Part 1 or paragraph 5 of Part 2 of Schedule A1 to the 1984 Actf1 applies;
(bc)subject to paragraph (7A), that person died without having made any chargeable transfers during the period of seven years ending with his death; and”.
In paragraph (6)—
for “(2) and (3)” substitute “(2), (3) and (4)”;
before “specified transfers” insert—
““gross value of the estate for inheritance tax” means the aggregate of—
(a)the gross value of a person’s estate,
(b)subject to paragraph (7), the value transferred by any specified transfers made by that person, and
(c)the value transferred by any specified exempt transfers made by that person;
“net value of the estate for inheritance tax” means the aggregate of—
GV – L
where—
GV is the gross value of the estate for inheritance tax, and
L, subject to paragraph (7B), is the total liabilities of the estate;
“net qualifying value of the estate” means the aggregate of—
NV – EVT
where—
NV is net value of the estate for inheritance tax, and
EVT, subject to paragraph (4), is the total value transferred on that person’s death by a spouse, civil partner or charity transfer;”.
In paragraph (7) for “(2)(d) and (e) and (3)(d) and (e)” substitute “(2)(d), (3)(d) and (6)”.
In paragraph (7A) for “(2)(d) and (e), (3)(d) and (e) and (6)” substitute “(2)(d), (3)(d), (5) and (6),”.
In paragraph (7B) for “(3)(f)” substitute “(6)”.
Omit paragraph (8).
Annotations
Footnotes
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Schedule A1 to IHTA 1984 was inserted by section 33 of, and paragraph 1 of Schedule 10 to, the Finance (No. 2) Act 2017 (c. 32). Regulation 2 of the 2004 Regulations provides that, in those Regulations, “the 1984 Act” means IHTA 1984.