IHTM14578 - Lifetime transfers: the charge to tax: additional charges: the additional tax payable (example 2)

Tony makes a gift of £375,000 to a discretionary trust in May 2007.

There were no other transfers in the preceding seven years.

Tony died in February 2012.

The calculation of tax immediately payable on the transfer is:

Description of the calculation components Value of the calculation components

Capital value

= £375,000

Less IHT nil rate band at date of transfer

- £300,000

-

= £75,000

Tax at 20% (half death rate) on £75,000

= £15,000

The tax on the transfer recalculated because of the death is:

Description of the calculation components Value of the calculation components

Capital value

= £375,000

Less IHT nil rate band at date of death

- £325,000

-

= £50,000

Tax at 40% (death rate) on £50,000

= £20,000

However, as the transfer was more than four, but not less than five years before the death, taper relief (IHTM14575) applies and the tax is reduced to £20,000 x 60% = £12,000.

As the recalculated tax of £12,000 is less than the tax already paid (£15,000), no further tax is payable.

The difference of £3,000 is not repayable.