DEB164

I couldn't see a forum dedicated to Inheritance tax so thought I would post here. I am looking for confirmation on the rules concerning the jointly owned property discount. The deceased co-owned a property in equal shares as tenants in common with the trustees of a life interest trust of which she was the life tenant. We need to provide a value for the property for inheritance tax purposes and would like to confirm whether the discount on joint ownership would apply to the property (as the remaindermen under the trust are different to the deceased), or whether the property would be caught by the related property rules. If the joint ownership discount would apply would, would the 15% discount apply or the 10% discount. Many thanks,

Apologies regarding D19 I meant to say the shares are gifted back to the husband under the wife's Will which was already in place. In this example would it make a difference if the Will gifting these was made after the shares were gifted?

I am aware there is a general exemption for gifts made between spouses, in that the disposal of the gift will be considered no gain/no loss by the 'gifting spouse' and the 'receiving spouse' will receive the gift at the purchase value of the gifting spouse. Generally this is considered a good form of estate planning, however I was wondering whether any anti-avoidance provisions apply to this. For instance, a case where a husband is looking to transfer shares to his wife in order to reduce some of the capital gains tax by taking advantage of the wife's CGT allowance, would the wife be able to gift the proceeds back to the husband upon sale, without breaching any avoidance provisions? D19 of the GAAR Guidance September 2020 Part D - Examples, gives the case of a husband transferring some of his shares with a large gain to his terminally ill wife who gifts these back to the husband upon her imminent death. The husband would then receive them at the date of death uplift meaning potentially no CGT is payable. The Guidance here indicates this isn't anti-avoidance and considers it to be good tax planning as the transaction is a normal arrangement between spouses and isn't intending to exploit any shortcomings in the relevant tax provisions. Would his apply to the above scenario for a couple generally taking advantage of the both of their CGT allowances? I can't find any specific anti-avoidance provision relating to this, and generally seems to be reasonable tax planning. Many thanks,