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HMRC internal manual

Inheritance Tax Manual

HM Revenue & Customs
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Accountability: Instruments of variation executed on or after 1 August 2002

The rules outlining the obligation to deliver instruments of variation (IHTM35011) are contained in IHTA84/S218A.

If a variation increases the amount of inheritance tax payable, at least one of the parties to the variation must within 6 months of its execution

  • submit a copy of the instrument to this office and
  • notify us of the amount of the additional tax.

If the parties fail to send a copy of the instrument to us within the 6 months they may become liable to a penalty (IHTM36091).

If the variation does not increase the amount of tax payable then there is no requirement to submit the instrument, although the parties will need to submit the instrument to claim any reduction in tax resulting from the variation.