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Home / Simons-Taxes /IHT, trusts and estates /Part I3 Lifetime transfers /Division I3.3 Exemptions and reliefs for lifetime transfers /Other exemptions available during lifetime only / I3.325 Gifts out of income
Commentary

I3.325 Gifts out of income

IHT, trusts and estates

A transfer of value is exempt if or to the extent that it fulfils the following conditions:

  1. Ìý

    (a)ÌýÌýÌýÌý it was made as part of the transferor's normal expenditure

  2. Ìý

    (b)ÌýÌýÌýÌý it was made out of his income, taking one year with another, and

  3. Ìý

    (c)ÌýÌýÌýÌý after allowing for all transfers of value forming part of his normal expenditure, the transferor was left with sufficient income to maintain his usual standard of living1

A loan that is a transfer of value can qualify for this exemption if, in place of requirements (a) and (b) above, it satisfies the requirement that the transfer was a normal one on the part of the transferor2.

Gift to be made as part of normal expenditure

HMRC considers that a period of three or four years is reasonable to assess whether a habit of normal giving has been established but it will consider a longer period if this assists the taxpayer in illustrating normality3. However even a single gift which shows a regular

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