Inheritance Tax Act 1984

18 Transfers between spouses [F1 or civil partners]. U.K.

(1) A transfer of value is an exempt transfer to the extent that the value transferred is attributable to property which becomes comprised in the estate of the transferor’s spouse [F2 or civil partner] or, so far as the value transferred is not so attributable, to the extent that that estate is increased.

(2) If, immediately before the transfer, the transferor but not the transferor’s spouse [F3 or civil partner] is domiciled in the United Kingdom the value in respect of which the transfer is exempt (calculated as a value on which no tax is chargeable) shall not exceed [F4 the exemption limit at the time of the transfer,] less any amount previously taken into account for the purposes of the exemption conferred by this section.

[F5 (2A) For the purposes of subsection (2), the exemption limit is the amount shown in the second column of the first row of the Table in Schedule 1 (upper limit of portion of value charged at rate of nil per cent).]

(3) Subsection (1) above shall not apply in relation to property if the testamentary or other disposition by which it is given—

(a) takes effect on the termination after the transfer of value of any interest or period, or

(b) depends on a condition which is not satisfied within twelve months after the transfer;

but paragraph (a) above shall not have effect by reason only that the property is given to a spouse [F6 or civil partner] only if he survives the other spouse [F6 or civil partner] for a specified period.

(4) For the purposes of this section, property is given to a person if it becomes his property or is held on trust for him.

Textual Amendments

F1 Words in s. 18 sidenote inserted (5.12.2005) by virtue of The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 7(5)

F2 Words in s. 18(1) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), reg. 7(2)

F3 Words in s. 18(2) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 7(3)

F4 Words in s. 18(2) substituted (with effect in accordance with s. 178(4) of the amending Act) by Finance Act 2013 (c. 29), s. 178(2)

F5 S. 18(2A) inserted (with effect in accordance with s. 178(4) of the amending Act) by Finance Act 2013 (c. 29), s. 178(3)

F6 Words in s. 18(3) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 7(4)