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Expenses and liabilities

Produced by a Tolley Trusts and Inheritance Tax expert
Trusts and Inheritance Tax
Guidance

Expenses and liabilities

Produced by a Tolley Trusts and Inheritance Tax expert
Trusts and Inheritance Tax
Guidance
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General principles

Expenses and liabilities may reduce the value of property to be charged to inheritance tax. This general principle arises from the ‘meaning of estate’ given in IHTA 1984, s 5 which includes the provision:

“In determining the value of a person's estate at any time his liabilities at that time shall be taken into account, except as otherwise provided by this Act.â€

Transfers of value are quantified with reference to the amount by which a person’s estate has diminished. The transfer on death is equal to the value of the whole of a person’s estate immediately before his death. It follows that the value of transfers is reduced by the associated liabilities.

When considering settled property, inheritance tax is charged with reference to the ‘value of the property or part at that time’.

The value of any property for inheritance tax purposes is ‘market value’. The market value of assets is reduced by liabilities.

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