Gifts | Croner-i Tax and Accounting

– see also Business gifts; Wedding gifts; Goodwill gifts

Abatement

Claim settled out of beneficiary's own resources

Legislation/Regulatory – FA89 s. 172(2) ; IHTA84 s. 29A

Generally

Legislation/Regulatory – IHTA84 s. 37(1)

HMRC Guidance – IHTM12086 ; IHTM12087 ; IHTM26071 ; IHTM26090

Attribution of

Commentary – Tax Reporter ¶631-000

HMRC Guidance – IHTM26121

Benefit of public or nation

Corporation tax reduction

Commentary – Key Data ¶9-350

Income tax/capital gains tax reduction

Commentary – Key Data ¶2-630 ; Key Data ¶7-050

Inheritance tax exemption

Commentary – Key Data ¶8-220

Burden of tax on

– see Liability for tax

Business assets

– see Gifts of business assets

Business entertaining expenses

– see Business entertainment

Capital gains tax

Business assets

– see Gifts of business assets

Disposals made in settlement

Commentary – Quick Overview ¶14650

Hold-over relief

– see Gifts of business assets

Housing associations

Commentary – Quick Overview ¶15065

Housing associations to

Legislation/Regulatory – TCGA92 s. 259

HMRC Guidance – CG46111 ; CG66635 ; CG73100

Inheritance tax charge

Legislation/Regulatory – TCGA92 s. 67(3), 260, 281

HMRC Guidance – CG18601 ; CG66452 ; DMBM552145 ; DMBM800030 ; SAM001 ; SAM80072 ; SAM80073 ; SAM80075

Instalment payments

Legislation/Regulatory – TCGA92 s. 281

Market value

Legislation/Regulatory – TCGA92 s. 17

National heritage property

Commentary – Quick Overview ¶15065

National purposes

Commentary – Quick Overview ¶15065

National purposes for

Legislation/Regulatory – TCGA92 s. 257

Non-residents

Legislation/Regulatory – TCGA92 s. 261

HMRC Guidance – CG67032

Public benefit for

Legislation/Regulatory – TCGA92 s. 258

HMRC Guidance – CG10280 ; CG12618 ; CG26240 ; CG26610 ; CG66620 ; CG73301 ; CG73310 ; CG73320 ; CG73325 ; CG73330 ; CG73335 ; CG73400

Qualifying corporate bonds to charity

Legislation/Regulatory – IRInt. 23

Recovery of tax

Commentary – Quick Overview ¶1805

Recovery of tax from donee

Legislation/Regulatory – TCGA92 s. 282

HMRC Guidance – CG18620 ; CG35420 ; CG66451 ; CG66888 ; DMBM580020

Roll-over relief

– see Roll-over relief

Chargeable gains

Business assets

– see Gifts of business assets

Held-over gain relief

– see Gifts of business assets

Housing associations

Commentary – Tax Reporter ¶535-650

Charities

Generally

Commentary – Indirect Tax Reporter ¶50-110

Gifts in kind

Commentary – Indirect Tax Reporter ¶50-115

United States forces, concessionary relief

Commentary – Indirect Tax Reporter ¶63-117

Charity

Payroll giving scheme

Commentary – Key Data ¶3-735

Plant and machinery

Commentary – Key Data ¶2-620

Property settled by gift

Commentary – Key Data ¶2-620

Shares and securities

Commentary – Key Data ¶2-620

Trading stock

Commentary – Key Data ¶2-620

Class

Commentary – Rossdale: Probate and Administration of Estates ¶43-040

Conditional deathbed

Commentary – Rossdale: Probate and Administration of Estates ¶28-070

Deathbed

Commentary – Rossdale: Probate and Administration of Estates ¶28-060

Denoting stamp

Legislation/Regulatory – FA2008 s. 100 ; FA85 s. 82(6)-(8)

Disclaimer, partial

Commentary – Rossdale: Probate and Administration of Estates ¶51-050

Discretionary trusts

Commentary – Stamp Taxes Reporter ¶40-725

Donees

Commentary – Rossdale: Probate and Administration of Estates ¶42-330

Earnings

Commentary – Quick Overview ¶9080

Educational establishments, to

Commentary – Tax Reporter ¶226-700 ; Quick Overview ¶5625

Case Law – Sharkey (H.M. Inspector of Taxes) v. Wernher

Effective

Commentary – Rossdale: Probate and Administration of Estates ¶28-030

Employment

Clergymen

Commentary – Tax Reporter ¶412-740

Earnings, treated as

Commentary – Tax Reporter ¶412-600

Case Law – Bridges (H.M. Inspector of Taxes) v. Bearsley Bridges (H.M. Inspector of Taxes) v. Hewitt ; COWAN v. SEYMOUR (Surveyor of Taxes). ; Commissioners of Inland Revenue v. Morris ; Laidler v. Perry (H.M. Inspector of Taxes) Morgan v. Perry (H.M. Inspector of Taxes) ; REED (H.M. INSPECTOR OF TAXES) v. SEYMOUR.

From third parties

Commentary – Tax Reporter ¶437-850

In kind

Commentary – Tax Reporter ¶412-720

Staff suggestion schemes

Commentary – Tax Reporter ¶437-750

Exempt transactions

Commentary – Stamp Taxes Reporter ¶40-720 ; Stamp Taxes Reporter ¶90-005

Exemption

Legislation/Regulatory – SI 1987/516

Exonerated, lapse of

Commentary – Rossdale: Probate and Administration of Estates ¶32-130

Failure of

Ademption

Commentary – Finney on Personal Representatives 1.13

Burden of proof

Commentary – Rossdale: Probate and Administration of Estates ¶43-060

Capacity to inherit

Commentary – Finney on Personal Representatives 1.16

Charity no longer exists

Commentary – Rossdale: Probate and Administration of Estates ¶43-100

Commorientes

Commentary – Finney on Personal Representatives 1.12.2

Criminal killing

Commentary – Rossdale: Probate and Administration of Estates ¶43-080

Disclaimer

Commentary – Finney on Personal Representatives 1.14

Divorce

Commentary – Rossdale: Probate and Administration of Estates ¶43-070

Forced heirship

Commentary – Finney on Personal Representatives 1.20

Foreign issues

Commentary – Finney on Personal Representatives 1.19

Generally

Commentary – Rossdale: Probate and Administration of Estates ¶43-010–Rossdale: Probate and Administration of Estates ¶43-180

Lapse

Commentary – Rossdale: Probate and Administration of Estates ¶43-020 ; Finney on Personal Representatives 1.12.2

Marriage

Commentary – Finney on Personal Representatives 1.21

Reasons for failure

Commentary – Finney on Personal Representatives 1.12.1

Survivorship clause

Commentary – Finney on Personal Representatives 1.18

Survivorship, uncertainty

Commentary – Rossdale: Probate and Administration of Estates ¶43-060

Uncertainty

Commentary – Finney on Personal Representatives 1.15

Freehold

Commentary – Rossdale: Probate and Administration of Estates ¶4-020

Gift aid

Generally

Commentary – Quick Overview ¶62800

Small donations scheme

Commentary – Quick Overview ¶62815

Held-over gain relief

– see Gifts of business assets

Hold-over relief

– see Gifts of business assets

Housing associations

– see also Housing associations

Generally

Legislation/Regulatory – FA89 s. 171(6) ; IHTA84 s. 24A

Imperfect

Administrator, in favour of

Commentary – Rossdale: Probate and Administration of Estates ¶28-050

Generally

Commentary – Rossdale: Probate and Administration of Estates ¶28-030–Rossdale: Probate and Administration of Estates ¶28-050

Strong v Bird rule in

Commentary – Rossdale: Probate and Administration of Estates ¶28-040

To executors

Commentary – Rossdale: Probate and Administration of Estates ¶28-040

Importation, relief

Legislation/Regulatory – SI 1984/746 art. 5, 6, Sch. 2, Grp. 8, item 7

Inheritance tax

Abatement

Commentary – Tax Reporter ¶630-850

Annual and small gift exemption

Commentary – Quick Overview ¶16610

Attribution of value

Commentary – Quick Overview ¶16700

Burden of tax

– see Burden of tax

Business assets, capital gains tax

Commentary – Quick Overview ¶15605

Charitable donations, reduced inheritance tax rate

Commentary – Quick Overview ¶16350

Charities

– see Charities

Charities, lower rate tax

Commentary – Key Data ¶8-000

Consideration of marriage

Commentary – Quick Overview ¶16620

Exemption limit, exceeding

Commentary – Tax Reporter ¶630-900

Generally

Commentary – Rossdale: Probate and Administration of Estates ¶16-080 ; Tax Reporter ¶600-400 ; Key Data ¶8-120

Housing associations

Commentary – Tax Reporter ¶645-900 ; Tax Reporter ¶645-950

Housing associations to

Commentary – Quick Overview ¶16565

Lifetime gifts

– see Lifetime gifts

Marriage, gifts in consideration of

– see Gifts in consideration of marriage/civil partnership

National purposes

– see also National purposes

Commentary – Quick Overview ¶16570

Political parties

– see Political parties

Political parties to

Commentary – Quick Overview ¶16560

Potentially exempt transfer

– see Potentially exempt transfers

Reservation, subject to

– see Gifts subject to reservation

Revocable

Commentary – Tax Reporter ¶615-150–Tax Reporter ¶615-250

Time of making, importance

Commentary – Tax Reporter ¶615-300–Tax Reporter ¶616-300

Transfers between spouses

– see Transfers between spouses and civil partners

Under £250

Commentary – Quick Overview ¶16610

Joint

Commentary – Rossdale: Probate and Administration of Estates ¶43-030

Lapse, failure to survive testator

Commentary – Rossdale: Probate and Administration of Estates ¶43-020

Lifetime

Commentary – Rossdale: Probate and Administration of Estates ¶16-080

Lifetime transfers

– see Lifetime transfers

Long serving employees, supply in the course of business

Case Law – R.H.M. Bakeries (Northern) Ltd. v. Customs and Excise Commissioners. (1978) 1 BVC 159

Lump sums

– see Lump sums

Mail order

'free gifts' to persons becoming agents

Case Law – GUS Merchandise Corporation Ltd. v. Customs and Excise Commissioners. (1980) 1 BVC 322 ; GUS Merchandise Corporation Ltd. v. Customs and Excise Commissioners. (1981) 1 BVC 432

Catalogues, contingent charge

Case Law – Next Group plc [2011] TC 00998 ; Redcats (Brands) Ltd. [2006] BVC 2,754

Marriage

– see Gifts in consideration of marriage

Meaning

Legislation/Regulatory – IHTA84 s. 42(1)

HMRC Guidance – IHTM26003 ; IHTM26011 ; IHTM26081 ; IHTM26212

Mental incapacity of donor

Commentary – Woolley on Financial Planning with Trusts 21.3.1

Money from companies

Commentary – Tax Reporter ¶815-350

Motor car, value added tax

Commentary – Quick Overview ¶67210

National purposes

– see Gifts for national purposes

Order of making

Commentary – Woolley on Financial Planning with Trusts 9.2.4

Other recipient

Commentary – Tax Reporter ¶356-495

Part disposals of land

Commentary – CGT and the Private Residence ¶40-215

Personality

Commentary – Rossdale: Probate and Administration of Estates ¶4-020

Plant and machinery allowances

Disposal value

Commentary – Practical Capital Allowances ¶198-500

Generally

Commentary – Practical Capital Allowances ¶161-000 ; Tax Reporter ¶236-260

Political parties

– see Political parties

Potentially exempt transfer

– see Potentially exempt transfers

Pre-eminent objects gifted to the nation

Commentary – Quick Overview ¶62820

Promotional, deductions

Commentary – Quick Overview ¶5855

Property

Commentary – CGT and the Private Residence ¶30-105

Provision of

Commentary – Tax Reporter ¶211-650

Reduction in value

Legislation/Regulatory – IHTA84 s. 37(2)

HMRC Guidance – IHTM12086 ; IHTM12088 ; IHTM26030 ; IHTM26071 ; IHTM26090 ; IHTM26180 ; IHTM45034

Reservation, with

– see Gifts subject to reservation

Residuary

– see Residuary gifts

Residuary –

– see residuary gifts

Residue

Commentary – Finney on Personal Representatives 1.11.2 ; Finney on Personal Representatives 3.4.2

Settlements

Commentary – CGT and the Private Residence ¶80-200

Settlor or close family member

Commentary – Tax Reporter ¶356-490

Commentary – Rossdale: Probate and Administration of Estates ¶49-120

Small

Commentary – Rossdale: Probate and Administration of Estates ¶16-080

Legislation/Regulatory – IHTA84 s. 20

Small gifts by third parties

Commentary – Quick Overview ¶9150

Subject matter, absence of

Commentary – Rossdale: Probate and Administration of Estates ¶43-160 ; Rossdale: Probate and Administration of Estates ¶45-110

Subject to a reservation

– see Gifts with reservation

Substitution of property for original gift

Legislation/Regulatory – FA86 Sch. 20, para. 2, 3, 4

HMRC Guidance – IHTM14371 ; IHTM14373 ; IHTM14374 ; IHTM24206 ; IHTM44049

Time of making

Cash

Commentary – Tax Reporter ¶615-550

Cheques

Commentary – Tax Reporter ¶615-600

Case Law – RHOKANA CORPORATION, LTD. v. COMMISSIONERS OF INLAND REVENUE

Choses in action

Commentary – Tax Reporter ¶615-750

Contracts or binding promises

Commentary – Tax Reporter ¶615-350

HMRC Guidance – IHTM14883

Negotiable instruments

Commentary – Tax Reporter ¶615-650

Real property

Commentary – Tax Reporter ¶615-450

Scots law

– see Scotland

Shares and securities

Commentary – Tax Reporter ¶615-700

HMRC Guidance – IHTM14885

Significance

Commentary – Tax Reporter ¶614-850

Tangible moveables

Commentary – Tax Reporter ¶615-500

To children

Commentary – Rossdale: Probate and Administration of Estates ¶43-110–Rossdale: Probate and Administration of Estates ¶43-130

To issue

Commentary – Rossdale: Probate and Administration of Estates ¶43-050

Trading or business expenditure, deductions

Commentary – Quick Overview ¶5855

Trading receipts

Commentary – Tax Reporter ¶222-400

HMRC Guidance – BIM41800 ; BIM41805 ; BIM41810

Case Law – (1) CHIBBETT (H.M. INSPECTOR OF TAXES) v. JOSEPH ROBINSON AND SONS. (2) THE COMMISSIONERS OF INLAND REVENUE v. JOSEPH ROBINSON AND SONS. ; Commissioners of Inland Revenue v. Falkirk Ice Rink Ltd. ; ENSIGN SHIPPING CO., LTD. v. THE COMMISSIONERS OF INLAND REVENUE. ; McGowan (H.M. Inspector of Taxes) v. Brown and Cousins (trading as Stuart Edwards) ; Murray (H.M. Inspector of Taxes) v. Goodhews ; Rolfe (H.M. Inspector of Taxes) v. Nagel ; Severne (H.M. Inspector of Taxes) v. Dadswell Commissioners of Inland Revenue v. Dadswell ; Simpson (H.M. Inspector of Taxes) v. John Reynolds & Co. (Insurances) Ltd. ; Walker (H.M. Inspector of Taxes) v. Carnaby Harrower, Barham & Pykett

Types of (legacies and devises)

Commentary – Finney on Personal Representatives 1.11.2

United States forces to charitable organisations

Legislation/Regulatory – ESC 2.4

Value added tax

Motor car

Commentary – Quick Overview ¶67210

Non-supplies

Commentary – Quick Overview ¶67170

Supply

Commentary – Quick Overview ¶67120

Vested, intermediate income

Commentary – Rossdale: Probate and Administration of Estates ¶36-020

Wills and deceased estates

Commentary – Stamp Taxes Reporter ¶120-315