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Proceeding contribution from Baroness Primarolo (Labour) in the House of Commons on Tuesday, 2 May 2006. It occurred during Debate on bill and Committee of the Whole House (HC) on Finance (No. 2) Bill 2005-06.


Finance (No. 2) Bill

Perhaps the hon. Gentleman will allow me to make at least some headway on the reasons why the new clauses and amendments, including his own, are unacceptable. Having done so, I will of course give way to him. All the new clauses and amendments before us are unnecessary, because what is asserted will happen will not, in fact. Ever since Budget day, when the Government announced that we planned to change the IHT rules for trusts, there has been enormous misunderstanding, which has continued today. Bearing that in mind, let me remind the Committee what spouse relief is about and what impact our proposals in clause 157 and schedule 20 will have on such relief. Spouse relief is an inheritance tax exemption on transfers from one spouse to another. So if property starts in the ownership of one spouse and ends up in the ownership—I stress, ownership—of the other, the situation is straightforward: the transfer is exempt from IHT. That means that the bequest rules apply if a gift from one spouse to another is made when both spouses are still living, so let us be clear: our proposals in clause 157 and schedule 20 have no relevance at all to such cases. For the vast majority of people with straightforward affairs, all that they need to know about the IHT proposals is that spouse relief exists and that a transfer can be made to their spouse. The potential overlap between spouse relief and our proposals only arises, therefore, in cases where partners want to use trusts on or after Budget day to make a less than straightforward gift or bequest.


Secondary information

Type
Proceeding contribution
Reference
445 c870 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Clubs Companies Corporation tax Computers Civil partners Housing ICT Divorce Exemptions Inheritance tax Fringe benefits Equipment Remote working Low incomes Property Married people Small businesses Tax allowances Taxation Trusts Tax rates and bands Wills Home computing initiative Civil partnerships dissolution
Legislation
Finance (No. 2) Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk