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The new DOTAS hallmark for inheritance tax

Lynne Rowland (Kingston Smith) examines the new IHT disclosure rules which took effect from April.
 

In July 2016 Tax Journal published my article ‘The proposed changes to the DOTAS hallmark for IHT’ and the new rules that were proposed were introduced from 1 April 2018: see the Inheritance Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations SI 2017/1172. As anticipated these replace the original 2011 hallmark and are significantly wider in scope and the grandfathering provisions that excepted from disclosure those arrangements made available before 6 April 2011 no longer apply.

What are the new rules?

There are three tests to determine whether a proposal or arrangement is notifiable under the disclosure of tax avoidance schemes (DOTAS) as an inheritance tax (IHT) scheme. Consideration has to be given as to whether:

  • there is an arrangement or proposal which is expected to...

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