UK Act of Parliament 1984 United Kingdom

Inheritance Tax Act 1984

An Act to consolidate provisions of Part III of the Finance Act 1975 and other enactments relating to inheritance tax.

Enforced by
HMRC
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 3 of 19 obligations carry a fine up to £3,000. 2 carry different penalties and 14 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person8 Trustee1 Responsible Person1

Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Trustee — also bound by 104 other Acts
Responsible Person — also bound by 108 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

1 of 41 sections shown
s.001 Charge on transfers. (opens in a new tab) Regulated
  • Pay Inheritance Tax on chargeable transfersAny Person
40 other sections in this Part — procedural and definitional
s.003 Potentially exempt transfers.
s.006 “Long-term UK resident”: individuals
s.006 “Long-term UK resident”: young persons
s.006 “Long-term UK resident”: bodies corporate
s.008 Transfer of unused nil-rate band between spouses and civil partners
s.008 Claims under section 8A
s.008 Section 8A and subsequent charges
s.008 Extra nil-rate band on death if interest in home goes to descendants etc
s.008 Residence nil-rate amount: interest in home goes to descendants etc
s.008 Residence nil-rate amount: no interest in home goes to descendants etc
s.008 Downsizing addition: entitlement: low-value death interest in home
s.008 Downsizing addition: entitlement: no residential interest at death
s.008 Downsizing addition: effect: section 8E case
s.008 Downsizing addition: effect: section 8F case
s.008 Calculation of lost relievable amount
s.008 Meaning of “brought-forward allowance”
s.008 Meaning of “qualifying residential interest” , “qualifying former residential interest” and “residential property interest”
s.008 Qualifying former residential interest”: interests in possession
s.008 Meaning of “inherited”
s.008 Meaning of “closely inherited”
s.008 Claims for brought-forward allowance and downsizing addition
s.008 Residence nil-rate amount: cases involving conditional exemption
s.012 Pension drawdown fund not used up: no deemed disposition
s.013 Dispositions by close companies to employee-ownership trusts
Part 2

EXEMPT TRANSFERS

1 of 32 sections shown
s.035 Variation of undertakings. Regulated
Other duties (1) — Crown / regulator
  • Tribunal may force variation of tax undertakingsTribunal / Court
31 other sections in this Part — procedural and definitional
s.024 Gifts to housing associations.
s.026 Potentially exempt transfer of property subsequently held for national purposes etc.
s.028 Employee-ownership trusts
s.029 Abatement of exemption where claim settled out of beneficiary’s own resources.
s.032 Associated properties.
s.039 Operation of sections 38 and 39 in cases of business or agricultural relief.
Part 3

SETTLED PROPERTY

2 of 88 sections shown
s.064 Charge at ten-year anniversary. (opens in a new tab) Regulated
  • Pay Inheritance Tax on trust assets every ten yearsTrustee
s.079 Variation of undertakings. Regulated
Other duties (1) — Crown / regulator
  • Tribunal may vary tax undertakings if you refuse HMRC proposalsTribunal / Court
86 other sections in this Part — procedural and definitional
s.046 Contract of life insurance entered into before 22nd March 2006 which on that day is settled property in which interest in possession subsists
s.046 Contract of life insurance entered into before 22nd March 2006 which immediately before that day is property to which section 71 applies
s.047 Settlement power
s.048 Commencement of settlement
s.048 Excluded property: property situated outside the UK etc
s.049 Immediate post-death interest
s.049 Transitional serial interests
s.049 Transitional serial interest: interest to which person becomes entitled during period 22nd March 2006 to 5th October 2008
s.049 Transitional serial interest: interest to which person becomes entitled on death of spouse or civil partner on or after 6th October 2008
s.049 Transitional serial interest: contracts of life insurance
s.054 Special rate of charge where settled property affected by potentially exempt transfer.
s.054 Provisions supplementary to section 54A.
s.055 Purchased settlement powers
s.057 Relief where property enters maintenance fund.
s.062 Same-day additions
s.062 Same day additions: exceptions
s.062 Protected settlements
s.071 Trusts for bereaved minors
s.071 Charge to tax on property to which section 71A applies
s.071 Sections 71A and 71B: meaning of “bereaved minor”
s.071 Age 18-to-25 trusts
s.071 Charge to tax on property to which section 71D applies
s.071 Calculation of tax charged under section 71E in certain cases
s.071 Calculation of tax charged under section 71E in all other cases
s.071 Sections 71A to 71G: meaning of “parent”
s.074 Arrangements involving acquisition of interest in settled property etc
s.074 Section 74A: supplementary provision
s.074 Interpretation of sections 74A and 74B
s.075 Property becoming subject to employee-ownership trust
s.075 Cap on charges for pre-30 October 2024 excluded property
s.081 Reversionary interests in relevant property
s.081 Excluded property: property to which section 80 applies
s.082 Excluded property: property to which section 81 applies (new cases)
s.089 Self-settlement by person expected to fall within the definition of “disabled person”
s.089 Meaning of “disabled person's interest”
s.089 Disabled person's interest: powers of advancement etc
Part 4

CLOSE COMPANIES

3 of 9 sections shown
Part 5

MISCELLANEOUS RELIEFS

42 of 83 sections shown
s.109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

amended 1 time

s.150 Certain pension interests treated as part of estate

amended 1 time

s.151 Person dying with alternatively secured pension fund

amended 14 times

s.151 Relevant dependant with pension fund inherited from member over 75

amended 14 times

s.151 Rate or rates of charge under section 151B

amended 14 times

s.151 Dependant dying with other pension fund

amended 14 times

s.151 Unauthorised payment where person dies over 75 with pension or annuity

amended 14 times

s.151 Rate or rates of charge under section 151D

amended 14 times

s.155 Death of constables and service personnel targeted because of their status

amended 6 times

s.155 Foreign diplomats etc

amended 6 times

41 other sections in this Part — procedural and definitional
s.113 Transfers within seven years before death of transferor.
s.113 Application of section 113A to replacement property.
s.124 Transfers within seven years before death of transferor.
s.124 Application of section 124A to replacement property.
s.124 Environmental management agreements
s.124 100% relief allowance
s.124 Transfer of unused 100% relief allowance
s.124 Claims under section 124E
s.124 100% trust relief allowance (relevant property)
s.124 Trust maximum allowance
s.124 Trust maximum allowance (qualifying pre-commencement settlements)
s.124 100% trust relief allowance (special trusts)
s.124 100% trust relief allowance (age 18-to-25 trusts)
s.141 Apportionment of relief under section 141
s.153 Death of emergency service personnel etc
s.153 Qualifying payments
s.159 Treatment of dormant assets
Part 6

VALUATION

13 of 47 sections shown
s.162 Liabilities attributable to financing excluded property

amended 2 times

s.162 Liabilities attributable to financing non-residents' foreign currency accounts

amended 2 times

s.162 Liabilities attributable to financing certain relievable property

amended 2 times

s.162 Sections 162A , 162AA and 162B: supplementary provision

amended 2 times

34 other sections in this Part — procedural and definitional
s.175 Discharge of liabilities after death
s.186 Cancelled investments.
s.186 Suspended investments.
s.197 Sales in fourth year after death.
Part 7

LIABILITY

11 of 16 sections shown
Part 8

ADMINISTRATION AND COLLECTION

56 of 67 sections shown
s.217 Defective accounts. (opens in a new tab) Regulated
  • Correct defective inheritance tax accounts within six monthsAny Person
s.218 Instruments varying dispositions taking effect on death Prosecution
  • Notify HMRC of changes to a will that increase Inheritance TaxResponsible Person

Fine up to £3,000 · amended 1 time

s.218 Pensions: information powers

amended 1 time

s.219 Power to call for documents etc.

amended 7 times

s.219 Appeal against requirement to produce documents etc.

amended 7 times

s.220 Exchange of information with other countries.

amended 1 time

s.223 Late notice of appeal. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must accept late appeals if there is a reasonable excuseStatutory regulator

amended 1 time (opens in a new tab)

s.223 Appeal: HMRC review or determination by tribunal

amended 1 time

s.223 Appellant requires review by HMRC Regulated
Other duties (1) — Crown / regulator
  • HMRC must review a tax decision if you request itStatutory regulator

amended 1 time

s.223 HMRC offer review

amended 1 time

s.223 Notifying appeal to the tribunal

amended 1 time

s.223 Nature of review etc Regulated
Other duties (1) — Crown / regulator
  • HMRC must conduct reviews and notify you of the outcome within 45 daysStatutory regulator

amended 1 time

s.223 Effect of conclusions of review

amended 1 time

s.223 Notifying appeal to tribunal after review concluded

amended 1 time

s.223 Notifying appeal to tribunal after review offered but not accepted

amended 1 time

s.223 Interpretation of sections 223A to 223I

amended 1 time

s.225 Extension of regulation-making powers.

amended 2 times

s.226 Payment: general rules. (opens in a new tab) Prosecution
  • Pay Inheritance Tax within statutory deadlinesAny Person

Unlimited fine · amended 6 times (opens in a new tab)

s.226 Tax on notional pension property: withholding of benefits

amended 6 times

s.226 Tax on notional pension property: direct payment by scheme administrator

amended 6 times

s.232 Administration actions. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Courts must ensure unpaid Inheritance Tax is paid from property in leur controlTribunal / Court
s.240 Underpayments: supplementary

amended 7 times

s.240 Underpayments involving offshore matters etc

amended 7 times

s.241 Overpayments. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must repay overpaid Inheritance Tax and interestStatutory regulator

amended 2 times (opens in a new tab)

s.245 Failure to deliver accounts. (opens in a new tab) Prosecution
  • Fail to deliver Inheritance Tax accountsAny Person

Fine up to £3,000 · amended 6 times (opens in a new tab)

s.245 Failure to provide information etc.

amended 6 times

s.247 Provision of incorrect information. (opens in a new tab) Prosecution
  • Provide incorrect information for Inheritance TaxAny Person

Fine up to £3,000 · amended 8 times (opens in a new tab)

s.248 Failure to remedy errors. (opens in a new tab) Regulated
  • Correct errors in Inheritance Tax documents without delayAny Person

amended 2 times (opens in a new tab)

s.249 Recovery of penalties. (opens in a new tab) Prosecution
  • Recovery of Inheritance Tax penaltiesAny Person

Unlimited fine · amended 3 times (opens in a new tab)

11 other sections in this Part — procedural and definitional
Part 9

MISCELLANEOUS AND SUPPLEMENTARY

11 of 25 sections shown
s.267 Limited liability partnerships.

amended 8 times

s.267 Election to be treated as domiciled in United Kingdom

amended 8 times

s.267 Section 267ZA: further provision about election

amended 8 times

s.267 Election to be treated as a long-term UK resident

amended 8 times

s.267 Further provision about elections under section 267ZC

amended 8 times

s.267 Subject of domicile election treated as a long-term UK resident

amended 8 times

s.267 Double taxation conventions operating by reference to deemed domicile

amended 8 times

s.273 Transition from estate duty. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must apply transitional rules for old estate duty casesStatutory regulator
14 other sections in this Part — procedural and definitional
s.271 Qualifying non-UK pension scheme
Schedules

Schedules

0 of 108 shown
108 other schedules
s.sch001a Gifts to charities etc : tax charged at lower rate
s.sch001a (1) This Schedule applies if— (a) a chargeable transfer is...
s.sch001a In this Schedule, in relation to D— “ the chargeable...
s.sch001a (1) If the charitable giving condition is met—
s.sch001a (1) For the purposes of paragraph 2, the components of...
s.sch001a The donated amount, for a component of the estate, is...
s.sch001a The baseline amount, for a component of the estate, is...
s.sch001a (1) For the purpose of calculating the donated amount and...
s.sch001a (1) An election may be made under this paragraph if,...
s.sch001a (1) If an election is made under this paragraph in...
s.sch001a (1) An election under this Schedule must be made by...
s.sch002 In this Schedule— (a) references to a reduction are to...
s.sch002 Where a person who has made a potentially exempt transfer...
s.sch002 Where a person who has made a chargeable transfer other...
s.sch002 Where tax is chargeable under section 65 of this Act...
s.sch002 Where the value of any trees or underwood has been...
s.sch002 Where tax is chargeable under section 32 or 32A of...
s.sch002 Where tax is chargeable under paragraph 8 of Schedule 4...
s.sch002 Where tax is chargeable under section 151B of this Act...
s.sch004 (1) If the conditions mentioned in paragraph 2(1) below are...
s.sch004 (1) Tax shall not be charged under paragraph 8 above...
s.sch004 (1) This paragraph applies where tax is chargeable under paragraph...
s.sch004 (1) This paragraph applies where tax is chargeable under paragraph...
s.sch004 (1) The first rate is the aggregate of the following...
s.sch004 (1) If the settlor is alive, the second rate is...
s.sch004 Where property is, by virtue of paragraph 1(3) above, treated...
s.sch004 (1) In relation to settled property to which this paragraph...
s.sch004 (1) Tax shall not be charged under section 65 of...
s.sch004 (1) Tax shall not be charged under section 65 of...
s.sch004 In paragraphs 16(2) and 17(4) above the references to the...
s.sch004 (1) The conditions referred to in paragraph 1 above are—...
s.sch004 (1) The requirements referred to in paragraph 2(1)(a)(i) above are...
s.sch004 (1) Paragraphs (a) and (b) of paragraph 3(1) above do...
s.sch004 If in the Treasury’s opinion the facts concerning any property...
s.sch004 Where a direction under paragraph 1 above has effect in...
s.sch004 Where a direction under paragraph 1 above has effect in...
s.sch004 (1) This paragraph applies to settled property which is held...
s.sch004 (1) Tax shall not be charged under paragraph 8 above...
s.sch005 (1) Where, under section 31 of the Finance Act 1975,...
s.sch005 (1) The following provisions of this paragraph shall have effect...
s.sch005 (1) Where, under subsection (2) of section 34 of the...
s.sch005 The tax chargeable under paragraph 3 above with respect to...
s.sch005 (1) The further undertaking referred to in paragraph 1 above...
s.sch005 A sale complies with this paragraph if—
s.sch005a Qualifying payments: victims of persecution during Second World War era
s.sch005a A payment of a fixed amount from the German foundation...
s.sch005a A one-off payment of a fixed amount from the Kindertransport...
s.sch005a A payment of a fixed amount in accordance with the...
s.sch005a A payment of a fixed amount from the Hardship Fund...
s.sch005a A payment of a fixed amount from the National Fund...
s.sch005a A payment of a fixed amount in respect of a...
s.sch005a A payment of a fixed amount by the Swiss Refugee...
s.sch005a A payment of a fixed amount under the foundation established...
s.sch005a A one-off payment of a fixed amount from the scheme...
s.sch005a A payment of a fixed amount from the Child Survivor...
s.sch006 References in any enactment, in any instrument made under any...
s.sch006 In determining for the purposes of this Act the value...
s.sch006 (1) Where a reversionary interest in settled property was before...
s.sch006 (1) In its application to a sale which does not...
s.sch007 In this Schedule “the repealed enactments” means the enactments repealed...
s.sch007 Section 220 of this Act shall come into force on...
s.sch007 Any order made under section 233 of this Act shall...
s.sch007 Where payments are made or assets transferred after the end...
s.sch007 Section 264 of this Act shall have effect (to the...
s.sch007 This Act shall not have effect in a case which...
s.sch007 Sections 126 to 130 of this Act shall have effect...
s.sch007 Where section 146 of this Act has effect in relation...
s.sch007 Section 147 of this Act, so far as it relates...
s.sch007 Section 150 of this Act shall have effect (to the...
s.sch007 Section 203 of this Act shall have effect (to the...
s.sch007 Section 218 of this Act, and section 245 so far...
s.sch007 Section 219 of this Act, and section 245 so far...
s.sch008 In section 8(1) of the National Heritage Act 1980 after...
s.sch008 In section 12(3) of the National Heritage Act 1980 for...
s.sch008 In section 13(3) of the National Heritage Act 1980 after...
s.sch008 In section 14(1) of the National Heritage Act 1980, for...
s.sch008 (1) Section 52 of the Finance Act 1980 shall be...
s.sch008 (1) Section 53 of the Finance Act 1980 shall be...
s.sch008 In section 98 of the Finance Act 1980 for the...
s.sch008 In section 14(1)(b) of the Crown Proceedings Act 1947, for...
s.sch008 In section 109 of the Supreme Court Act 1981—
s.sch008 In section 61(1) of the Finance Act 1982—
s.sch008 In section 62 of the Finance Act 1982 for the...
s.sch008 In Group 11 of Schedule 6 to the Value Added...
s.sch008 (1) In section 2 of the Land Charges Act 1972—...
s.sch008 In section 49(4) of the Finance Act 1975 after the...
s.sch008 In section 38 of the Finance Act 1977—
s.schedule a1 para.1 Property is not excluded property by virtue of section 6(1)...
s.schedule a1 para.10 In this Schedule “ partnership ” means—
s.schedule a1 para.2 (1) This paragraph applies to an interest in a close...
s.schedule a1 para.3 This paragraph applies to— (a) the rights of a creditor...
s.schedule a1 para.4 (1) For the purposes of this Schedule a loan is...
s.schedule a1 para.5 (1) This paragraph applies to— (a) property which constitutes consideration...
s.schedule a1 para.6 (1) In determining whether or to what extent property situated...
s.schedule a1 para.7 (1) Nothing in any double taxation relief arrangements made with...
s.schedule a1 para.7a In this Schedule “ relevant UK property ” means—
s.schedule a1 para.7b (1) In this Schedule “ UK agricultural property ” means...
s.schedule a1 para.8 (1) In this Schedule “ UK residential property interest ”...
s.schedule a1 para.9 (1) In this Schedule— “ close company ” means a...
3 other provisions
s.non-excluded overseas property Non-excluded overseas property
s.para.440 The National Gallery. The British Museum. The National Museums of...
s.table of derivations TABLE OF DERIVATIONS

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