Double tax relief

Produced by Tolley in association with

Trusts and Inheritance Tax

Guidance

This guidance note is a summary of the information contained in the Double tax relief for IHT and Unilateral relief for IHT guidance notes. Those guidance notes provide more detailed information in the context of cross-border estates.

Double tax treaties

Where a double tax treaty has been entered into between the UK and a foreign territory, double tax relief for inheritance tax (IHT) will apply.

Where a double tax treaty applies, it should be considered in detail. Double tax treaties can be divided into those entered into before 1975 (estate duty treaties) and more recent treaties.

Pre-1975 treaties

These include situs codes and have been made with:

•
France
•
India
•
Italy
•
Pakistan (not including Bangladesh)

They apply only to IHT imposed on death and not for lifetime chargeable transfers or IHT charged on failed potentially exempt transfers (PETs).

The pre-1975 treaties provide exemptions from UK IHT rather than credits against tax. This means that the tax is exempt from being paid, rather than being calculated

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