ACCA ATX UK Syllabus A3. Inheritance Tax - Double tax relief for inheritance tax - Notes 6 / 7
If an individual is UK domiciled he must pay IHT on UK and overseas located assets
This means
that IHT is payable in the UK on these overseas assets and possibly death duties were paid overseas as well (two lots of tax (double)).
When this is the case the individual is allowed to reduce the UK IHT payable on these assets by something called Double Tax Relief (DTR)
Calculation of DTR:
This is the lower of:
The foreign tax suffered
UK IHT on the overseas asset
Calculation of the UK IHT on the overseas asset:
Estate rate * Value of the foreign asset
Estate rate: IHT on the estate after QSR/Gross chargeable estate value
Note:
Remember from valuation of assets for IHT that the value of a foreign asset is the value after deducting any additional expenses incurred in realising or managing the property (which may be subject to a maximum of 5%)
Also, DTR is deducted after QSR.
Illustration:
Prem died on 15/08/2024 leaving an estate valued at £375,000.
The estate included property situated overseas valued at £60,000.
Overseas IHT of £18,000 was paid on this property.
No lifetime transfers have been made and he left his entire estate to his son.
How much IHT is payable on death?
Solution:
IHT Payable
Gross chargeable estate value £375,000
Less:
NRB (£325,000)
Taxable amount £50,000
IHT 40%*£50,000 = £20,000
Less DTR (W1) (£3,200)
IHT payable £16,800
W1
DTR is the lower of:
Overseas IHT suffered £18,000
UK IHT payable = £60,000 * £20,000/£375,000 = £3,200