HM Revenue & Customs (HMRC) guidance on Inheritance Tax issues associated with Employee Benefit Trusts. 

HMRC Brief 18/11 is aimed at agents and includes material on ongoing Inheritance Tax liabilities of the trust and any sub-trusts it created and the taxation of income arising in offshore Employee Benefit Trusts, including:

  • Entry charges payable by a Close Company when it makes a contribution to a s86 Employee Benefit Trust.
  • Flat rate exit charge (s72) when property leaves a s86 Employee Benefit Trust.
  • Ten year and exit charges in respect of any sub-trusts.
  • Payment of ongoing Inheritance Tax liabilities.
  • Income Tax assessable under the transfer of asset legislation on income arising in offshore Employee Benefit Trusts.
  • Income Tax in relation to UK source income of offshore Employee Benefit Trusts.
  • Payment of ongoing trust Income Tax liabilities.

What's new?

A new type of trust: the Employee Ownership Trust (EOT) contains many similar features to a s86 trust, however transfers into such a qualifying trust are exempted from both CGT and IHT, see briefing note: Employee Ownership Trusts: an exit for owner managers? Also see HMRC IHTM24995 for IHT issues and the IHT differences between EOTs and s86 EBTs


Revenue & Customs Brief 18/11 EBT IHT