For IHTA 1984, s 10 to apply it must be shown that the disposition (including an omission)1 was not intended, and was not made in a transaction intended, to confer a gratuitous benefit on any person.
The burden of proof of intention lies with the person claiming that the disposition is within IHTA 1984, s 10 and therefore he must establish to the satisfaction of HMRC2 that the transferor:
- Ìý
•ÌýÌýÌýÌý sought to obtain a full open market price under the transaction, and
- Ìý
•ÌýÌýÌýÌý had no donative intent3
The intention not to confer a gratuitous benefit is carefully phrased as an intention not to confer such a benefit on 'any' person
To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to Tolley+™ Research or register for a free trial
Web page updated on 17 Mar 2025 16:15