IHT implications of an Instrument of Variation: increased exemption
The effect of a IHTA/S142 (1) variation or disclaimer is often to give the spouse or civil partner (IHTM11032) or a charity, etc, a benefit (or larger benefit) in the deceased’s estate. Before agreeing any consequential exemption from tax
- check that all the requirements of the exemption provisions (IHTM11000) are satisfied, and
- consider the instructions at IHTM35091 (redirection to spouse or civil partner) and IHTM35121 (redirection to charity).
Repayment of tax
If acceptance of a variation or disclaimer will result in a repayment of tax requiring the authority of your manager, you should not notify the taxpayer that you accept it as within IHTA84/S142 (1) without the prior approval of your manager.
You should use SL 34 to confirm that the variation is acceptable within IHTA84/S142 (1). The SL is also to be used for a disclaimer.