Law

Inheritance Tax Act 1984

United Kingdom · statute

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In force since 2026-04-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 422 provisions
  1. Title and introductory text
  2. 1 Charge on transfers.
  3. 2 Chargeable transfers and exempt transfers.
  4. 3 Transfers of value.
  5. 3A Potentially exempt transfers.
  6. 4 Transfers on death.
  7. 5 Meaning of estate.
  8. 6 Excluded property.
  9. 6A “Long-term UK resident”: individuals
  10. 6B “Long-term UK resident”: young persons
  11. 6C “Long-term UK resident”: bodies corporate
  12. 7 Rates.
  13. 8 Indexation of rate bands.
  14. 8A Transfer of unused nil-rate band between spouses and civil partners
  15. 8B Claims under section 8A
  16. 8C Section 8A and subsequent charges
  17. 8D Extra nil-rate band on death if interest in home goes to descendants etc
  18. 8E Residence nil-rate amount: interest in home goes to descendants etc
  19. 8F Residence nil-rate amount: no interest in home goes to descendants etc
  20. 8FA Downsizing addition: entitlement: low-value death interest in home
  21. 8FB Downsizing addition: entitlement: no residential interest at death
  22. 8FC Downsizing addition: effect: section 8E case
  23. 8FD Downsizing addition: effect: section 8F case
  24. 8FE Calculation of lost relievable amount
  25. 8G Meaning of “brought-forward allowance”
  26. 8H Meaning of “qualifying residential interest” , “qualifying former residential interest” and “residential property interest”
  27. 8HA Qualifying former residential interest”: interests in possession
  28. 8J Meaning of “inherited”
  29. 8K Meaning of “closely inherited”
  30. 8L Claims for brought-forward allowance and downsizing addition
  31. 8M Residence nil-rate amount: cases involving conditional exemption
  32. 9 Transitional provisions on reduction of tax.
  33. 10 Dispositions not intended to confer gratuitous benefit.
  34. 11 Dispositions for maintenance of family.
  35. 12 Dispositions allowable for income tax or conferring benefits under pension scheme.
  36. 12A Pension drawdown fund not used up: no deemed disposition
  37. 13 Dispositions by close companies for benefit of employees.
  38. 13A Dispositions by close companies to employee-ownership trusts
  39. 14 Waiver of remuneration.
  40. 15 Waiver of dividends.
  41. 16 Grant of tenancies of agricultural property.
  42. 17 Changes in distribution of deceased’s estate, etc.
  43. 18 Transfers between spouses or civil partners.
  44. 19 Annual exemption.
  45. 20 Small gifts.
  46. 21 Normal expenditure out of income.
  47. 22 Gifts in consideration of marriage or civil partnership.
  48. 23 Gifts to charities or registered clubs.
  49. 24 Gifts to political parties.
  50. 24A Gifts to housing associations.
  51. 25 Gifts for national purposes, etc.
  52. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  53. 26A Potentially exempt transfer of property subsequently held for national purposes etc.
  54. 27 Maintenance funds for historic buildings, etc.
  55. 28 Employee trusts.
  56. 28A Employee-ownership trusts
  57. 29 Loans—modifications of exemptions.
  58. 29A Abatement of exemption where claim settled out of beneficiary’s own resources.
  59. 30 Conditionally exempt transfers.
  60. 31 Designation and undertakings.
  61. 32 Chargeable events.
  62. 32A Associated properties.
  63. 33 Amount of charge under section 32.
  64. 34 Reinstatement of transferor’s cumulative total.
  65. 35 Conditional exemption on death before 7th April 1976.
  66. 35A Variation of undertakings.
  67. 36 Preliminary.
  68. 37 Abatement of gifts.
  69. 38 Attribution of value to specific gifts.
  70. 39 Attribution of value to residuary gifts.
  71. 39A Operation of sections 38 and 39 in cases of business or agricultural relief.
  72. 40 Gifts made separately out of different funds.
  73. 41 Burden of tax.
  74. 42 Supplementary.
  75. 43 Settlement and related expressions.
  76. 44 Settlor.
  77. 45 Trustee.
  78. 46 Interest in possession: Scotland.
  79. 46A Contract of life insurance entered into before 22nd March 2006 which on that day is settled property in which interest in possession subsists
  80. 46B Contract of life insurance entered into before 22nd March 2006 which immediately before that day is property to which section 71 applies
  81. 47 Reversionary interest.
  82. 47A Settlement power
  83. 48 Excluded property : reversionary interests and Treasury securities.
  84. 48ZA Excluded property: property situated outside the UK etc
  85. 48A Commencement of settlement
  86. 49 Treatment of interests in possession.
  87. 49A Immediate post-death interest
  88. 49B Transitional serial interests
  89. 49C Transitional serial interest: interest to which person becomes entitled during period 22nd March 2006 to 5th October 2008
  90. 49D Transitional serial interest: interest to which person becomes entitled on death of spouse or civil partner on or after 6th October 2008
  91. 49E Transitional serial interest: contracts of life insurance
  92. 50 Interests in part, etc.
  93. 51 Disposal of interest in possession.
  94. 52 Charge on termination of interest in possession.
  95. 53 Exceptions from charge under section 52.
  96. 54 Exceptions from charge on death
  97. 54A Special rate of charge where settled property affected by potentially exempt transfer.
  98. 54B Provisions supplementary to section 54A.
  99. 55A Purchased settlement powers
  100. 55 Reversionary interest acquired by beneficiary.
  101. 56 Exclusion of certain exemptions.
  102. 57 Application of certain exemptions.
  103. 57A Relief where property enters maintenance fund.
  104. 58 Relevant property.
  105. 59 Qualifying interest in possession.
  106. 60 Commencement of settlement.
  107. 61 Ten-year anniversary.
  108. 62 Related settlements.
  109. 62A Same-day additions
  110. 62B Same day additions: exceptions
  111. 62C Protected settlements
  112. 63 Minor interpretative provisions.
  113. 64 Charge at ten-year anniversary.
  114. 65 Charge at other times.
  115. 66 Rate of ten-yearly charge.
  116. 67 Added property, etc.
  117. 68 Rate before first ten-year anniversary.
  118. 69 Rate between ten-year anniversaries.
  119. 70 Property leaving temporary charitable trusts.
  120. 71 Accumulation and maintenance trusts.
  121. 71A Trusts for bereaved minors
  122. 71B Charge to tax on property to which section 71A applies
  123. 71C Sections 71A and 71B: meaning of “bereaved minor”
  124. 71D Age 18-to-25 trusts
  125. 71E Charge to tax on property to which section 71D applies
  126. 71F Calculation of tax charged under section 71E in certain cases
  127. 71G Calculation of tax charged under section 71E in all other cases
  128. 71H Sections 71A to 71G: meaning of “parent”
  129. 72 Property leaving employee trusts and newspaper trusts.
  130. 73 Pre-1978 protective trusts.
  131. 74 Pre-1981 trusts for disabled persons.
  132. 74A Arrangements involving acquisition of interest in settled property etc
  133. 74B Section 74A: supplementary provision
  134. 74C Interpretation of sections 74A and 74B
  135. 75 Property becoming subject to employee trusts.
  136. 75A Property becoming subject to employee-ownership trust
  137. 75B Cap on charges for pre-30 October 2024 excluded property
  138. 76 Property becoming held for charitable purposes, etc.
  139. 77 Maintenance funds for historic buildings, etc.
  140. 78 Conditionally exempt occasions.
  141. 79 Exemption from ten-yearly charge.
  142. 79A Variation of undertakings.
  143. 80 Initial interest of settlor or spouse or civil partner.
  144. 81 Property moving between settlements.
  145. 81A Reversionary interests in relevant property
  146. 81B Excluded property: property to which section 80 applies
  147. 82 Excluded property : property to which section 81 applies (old cases)
  148. 82A Excluded property: property to which section 81 applies (new cases)
  149. 83 Property becoming settled on a death.
  150. 84 Income applied for charitable purposes.
  151. 85 Credit for annual charges under Finance Act 1975.
  152. 86 Trusts for benefit of employees.
  153. 87 Newspaper trusts.
  154. 88 Protective trusts.
  155. 89 Trusts for disabled persons.
  156. 89A Self-settlement by person expected to fall within the definition of “disabled person”
  157. 89B Meaning of “disabled person's interest”
  158. 89C Disabled person's interest: powers of advancement etc
  159. 90 Trustees’ annuities, etc.
  160. 91 Administration period.
  161. 92 Survivorship clauses.
  162. 93 Disclaimers.
  163. 94 Charge on participators.
  164. 95 Participator in two companies.
  165. 96 Preference shares disregarded.
  166. 97 Transfers within group, etc.
  167. 98 Effect of alterations of capital, etc
  168. 99 Transfers where participators are trustees.
  169. 100 Alterations of capital, etc. where participators are trustees.
  170. 101 Companies interests in settled property.
  171. 102 Interpretation.
  172. 103
  173. 104 The relief.
  174. 105 Relevant business property.
  175. 106 Minimum period of ownership.
  176. 107 Replacements.
  177. 108 Successions.
  178. 109 Successive transfers.
  179. 109A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  180. 110 Value of business.
  181. 111 Value of certain shares and securities.
  182. 112 Exclusion of value of excepted assets.
  183. 113 Contracts for sale.
  184. 113A Transfers within seven years before death of transferor.
  185. 113B Application of section 113A to replacement property.
  186. 114 Avoidance of double relief.
  187. 115 Preliminary.
  188. 116 The relief.
  189. 117 Minimum period of occupation or ownership.
  190. 118 Replacements.
  191. 119 Occupation by company or partnership.
  192. 120 Successions.
  193. 121 Successive transfers.
  194. 122 Agricultural property of companies.
  195. 123 Provisions supplementary to section 122.
  196. 124 Contracts for sale.
  197. 124A Transfers within seven years before death of transferor.
  198. 124B Application of section 124A to replacement property.
  199. 124C Environmental management agreements
  200. 124D 100% relief allowance
  201. 124E Transfer of unused 100% relief allowance
  202. 124F Claims under section 124E
  203. 124G 100% trust relief allowance (relevant property)
  204. 124H Trust maximum allowance
  205. 124I Trust maximum allowance (qualifying pre-commencement settlements)
  206. 124J 100% trust relief allowance (special trusts)
  207. 124K 100% trust relief allowance (age 18-to-25 trusts)
  208. 125 The relief.
  209. 126 Charge to tax on disposal of trees or underwood.
  210. 127 Amount subject to charge.
  211. 128 Rate of charge.
  212. 129 Credit for tax charged.
  213. 130 Interpretation.
  214. 131 The relief.
  215. 132 Wasting assets.
  216. 133 Shares—capital receipts.
  217. 134 Payments of calls.
  218. 135 Reorganisation of share capital, etc.
  219. 136 Transactions of close companies.
  220. 137 Interests in land.
  221. 138 Leases.
  222. 139 Other property.
  223. 140 Interpretation.
  224. 141 Two or more transfers within five years.
  225. 141A Apportionment of relief under section 141
  226. 142 Alteration of dispositions taking effect on death.
  227. 143 Compliance with testator’s request.
  228. 144 Distribution etc. from property settled by will.
  229. 145 Redemption of surviving spouse’s or civil partner's life interest.
  230. 146 Inheritance (Provision for Family and Dependants) Act 1975.
  231. 147 Scotland; legitim. etc.
  232. 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  233. 150 Voidable transfers.
  234. 150A Certain pension interests treated as part of estate
  235. 151 Treatment of pension rights, etc. Other provision about pension interests
  236. 151A Person dying with alternatively secured pension fund
  237. 151B Relevant dependant with pension fund inherited from member over 75
  238. 151BA Rate or rates of charge under section 151B
  239. 151C Dependant dying with other pension fund
  240. 151D Unauthorised payment where person dies over 75 with pension or annuity
  241. 151E Rate or rates of charge under section 151D
  242. 152 Cash options.
  243. 153 Overseas pensions.
  244. 153ZA Qualifying payments
  245. 153A Death of emergency service personnel etc
  246. 154 Death on active service, etc.
  247. 155 Visiting forces, etc.
  248. 155ZA Foreign diplomats etc
  249. 155A Death of constables and service personnel targeted because of their status
  250. 156 Apsley House and Chevening Estate.
  251. 157 Non-residents’ bank accounts.
  252. 158 Double taxation conventions.
  253. 159 Unilateral relief.
  254. 159A Treatment of dormant assets
  255. 160 Market value.
  256. 161 Related property.
  257. 162 Liabilities.
  258. 162A Liabilities attributable to financing excluded property
  259. 162AA Liabilities attributable to financing non-residents' foreign currency accounts
  260. 162B Liabilities attributable to financing certain relievable property
  261. 162C Sections 162A, 162AA and 162B: supplementary provision
  262. 163 Restriction on freedom to dispose.
  263. 164 Transferor’s expenses.
  264. 165 Tax on capital gains.
  265. 166 Creditors’ rights.
  266. 167 Life policies, etc.
  267. 168 Unquoted shares and securities.
  268. 169 Farm cottages.
  269. 170 Leases for life, etc.
  270. 171 Changes occurring on death.
  271. 172 Funeral expenses.
  272. 173 Expenses incurred abroad.
  273. 174 Income tax and unpaid inheritance tax.
  274. 175 Liability to make future payments, etc.
  275. 175A Discharge of liabilities after death
  276. 176 Related property etc.—sales.
  277. 177 Scottish agricultural leases.
  278. 178 Preliminary.
  279. 179 The relief.
  280. 180 Effect of purchases.
  281. 181 Capital receipts.
  282. 182 Payment of calls.
  283. 183 Changes in holdings.
  284. 184 Exchanges.
  285. 185 Acquisition of like investments.
  286. 186 Value of part of a fund.
  287. 186A Cancelled investments.
  288. 186B Suspended investments.
  289. 187 Attribution of values to specific investments.
  290. 188 Limitation of loss on sale.
  291. 189 Date of sale or purchase.
  292. 190 Preliminary.
  293. 191 The relief.
  294. 192 Effect of purchases.
  295. 193 Changes between death and sale.
  296. 194 Leases.
  297. 195 Valuation by reference to other interests.
  298. 196 Sales to beneficiaries etc. and exchanges.
  299. 197 Compulsory acquisition more than three years after death.
  300. 197A Sales in fourth year after death.
  301. 198 Date of sale or purchase.
  302. 199 Dispositions by transferor.
  303. 200 Transfer on death.
  304. 201 Settled property.
  305. 202 Close companies.
  306. 203 Liability of spouse or civil partner.
  307. 204 Limitation of liability.
  308. 205 More than one person liable.
  309. 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  310. 207 Conditional exemption, etc.
  311. 208 Woodlands.
  312. 209 Succession in Scotland.
  313. 210 Pension rights
  314. 211 Burden of tax on death.
  315. 212 Powers to raise tax.
  316. 213 Refund by instalments.
  317. 214 Certificates of tax paid.
  318. 215 General.
  319. 216 Delivery of accounts.
  320. 217 Defective accounts.
  321. 218 Non-resident trustees.
  322. 218A Instruments varying dispositions taking effect on death
  323. 218B Pensions: information powers
  324. 219 Power to require information.
  325. 219A Power to call for documents etc.
  326. 219B Appeal against requirement to produce documents etc.
  327. 220 Inspection of property.
  328. 220A Exchange of information with other countries.
  329. 221 Notices of determination.
  330. 222 Appeals against determinations.
  331. 223 Late notice of appeal.
  332. 223A Appeal: HMRC review or determination by tribunal
  333. 223B Appellant requires review by HMRC
  334. 223C HMRC offer review
  335. 223D Notifying appeal to the tribunal
  336. 223E Nature of review etc
  337. 223F Effect of conclusions of review
  338. 223G Notifying appeal to tribunal after review concluded
  339. 223H Notifying appeal to tribunal after review offered but not accepted
  340. 223I Interpretation of sections 223A to 223I
  341. 224 Determination of appeal by tribunal.
  342. 225 Appeals from Special Commissioners.
  343. 225A Extension of regulation-making powers.
  344. 226 Payment: general rules.
  345. 226A Tax on notional pension property: withholding of benefits
  346. 226B Tax on notional pension property: direct payment by scheme administrator
  347. 227 Payment by instalments—land, shares and businesses.
  348. 228 Shares, etc. within section 227.
  349. 229 Payment by instalments—woodlands.
  350. 230 Acceptance of property in satisfaction of tax.
  351. 231 Powers to transfer property in satisfaction of tax.
  352. 232 Administration actions.
  353. 233 Interest on unpaid tax.
  354. 234 Interest on instalments.
  355. 235 Interest on overpaid tax.
  356. 236 Special cases.
  357. 237 Imposition of charge.
  358. 238 Effect of purchases.
  359. 239 Certificates of discharge.
  360. 240 Underpayments.
  361. 240A Underpayments: supplementary
  362. 240B Underpayments involving offshore matters etc
  363. 241 Overpayments.
  364. 242 Recovery of tax.
  365. 243 Scotland: recovery of tax in sheriff court.
  366. 244 Rights to address court.
  367. 245 Failure to deliver accounts.
  368. 245A Failure to provide information etc.
  369. 246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  370. 247 Provision of incorrect information.
  371. 248 Failure to remedy errors.
  372. 249 Recovery of penalties.
  373. 250 Time limit for recovery.
  374. 251 Appeals against summary determination of penalties.
  375. 252 Effect of award by the tribunal.
  376. 253 Mitigation of penalties.
  377. 254 Evidence.
  378. 255 Determination of questions on previous view of law.
  379. 256 Regulations about accounts, etc.
  380. 257 Form etc. of accounts.
  381. 258 Service of documents.
  382. 259 Inspection of records.
  383. 260 Inland Revenue Regulation Act 1890.
  384. 261 Scotland inventories.
  385. 262 Tax chargeable in certain cases of future payments, etc.
  386. 263 Annuity purchased in conjunction with life policy.
  387. 264 Transfers reported late.
  388. 265 Chargeable transfers affecting more than one property.
  389. 266 More than one chargeable transfer on one day.
  390. 267 Persons treated as domiciled in United Kingdom.
  391. 267ZA Election to be treated as domiciled in United Kingdom
  392. 267ZB Section 267ZA: further provision about election
  393. 267ZC Election to be treated as a long-term UK resident
  394. 267ZD Further provision about elections under section 267ZC
  395. 267ZE Subject of domicile election treated as a long-term UK resident
  396. 267ZF Double taxation conventions operating by reference to deemed domicile
  397. 267A Limited liability partnerships.
  398. 268 Associated operations.
  399. 269 Control of company.
  400. 270 Connected persons.
  401. 271 Property of corporations sole.
  402. 271A Qualifying non-UK pension scheme
  403. 272 General interpretation.
  404. 273 Transition from estate duty.
  405. 274 Commencement.
  406. 275 Continuity, and construction of references to old and new law.
  407. 276 Consequential amendments.
  408. 277 Repeals.
  409. 278 Short title.
  410. SCHEDULE A1 Non-excluded overseas property
  411. SCHEDULE 1
  412. SCHEDULE 1A Gifts to charities etc: tax charged at lower rate
  413. SCHEDULE 2 PROVISIONS APPLYING ON REDUCTION OF TAX
  414. SCHEDULE 3 GIFTS FOR NATIONAL PURPOSES, ETC.
  415. SCHEDULE 4 MAINTENANCE FUNDS FOR HISTORIC BUILDINGS, ETC.
  416. SCHEDULE 5 CONDITIONAL EXEMPTION: DEATHS BEFORE 7TH APRIL 1976
  417. SCHEDULE 5A Qualifying payments: victims of persecution during Second World War era
  418. SCHEDULE 6 TRANSITION FROM ESTATE DUTY
  419. SCHEDULE 7 COMMENCEMENT: SUPPLEMENTARY RULES
  420. SCHEDULE 8 CONSEQUENTIAL AMENDMENTS
  421. SCHEDULE 9 REPEALS
  422. schedule-n10

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422 provisions

181 Capital receipts.

(1) For the purposes of section 179(1)(b) above, if— (a) at any time after the death in question (whether during or after the period of twelve months immediately following the date of the death) the appropriate person receives any capital payment or payments which is or are attributable to any qualifying investments comprised in the deceased’s estate immediately before his death, and (b) those investments are sold by him within that period, the price for which those investments were sold or, as the case may be, the best consideration referred to in section 179(1)(b) shall be taken to be increased by an amount equal to the capital payment or, as the case may be, the aggregate of the capital payments, referred to in paragraph (a) above. (2) If the appropriate person receives or becomes entitled to receive in respect of any qualifying investments a provisional allotment of shares in or debentures of a company and he disposes of his rights, the amount of the consideration for the disposal shall be treated for the purposes of this section as a capital payment attributable to those investments. (3) In this section “capital payment”, in relation to any investment, does not include the price paid on the sale of the investment but, subject to that, includes any money or money’s worth which does not constitute income for the purposes of income tax.

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182 Payment of calls.

For the purposes of section 179(1)(a) above, if— (a) at any time after the death in question (whether during or after the period of twelve months immediately following the date of the death) the appropriate person pays an amount in pursuance of a call in respect of any qualifying investments comprised in the deceased’s estate immediately before his death, and (b) those investments are sold by the appropriate person within that period, the value on death of those investments shall be the aggregate of the amount so paid and their value as determined apart from this Chapter.

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183 Changes in holdings.

(1) This section applies in any case where, within the period of twelve months immediately following the date of the death in question, there occurs in relation to any qualifying investments comprised in the deceased’s estate immediately before his death (in this section referred to as “the original holding”) a transaction to which 127 of the 1992 Act applies, that is to say— (a) a reorganisation, within the meaning of section 126(1) of that Act; or (b) the conversion of securities within the meaning of section 132 of that Act; or (c) the issue by a company of shares or debentures in exchange for shares in or debentures of another company in such circumstances that section 135 of that Act applies; or (d) the issue by a company of shares or debentures under such an arrangement as is referred to in section 136 of that Act; or any transaction relating to a unit trust scheme which corresponds to any of the transactions referred to in paragraphs (a) to (d) above and to which section 127 of that Act applies by virtue of section 99 of that Act. (2) Where this section applies, the holding of investments which, as the result of the transaction, constitutes a new holding within the meaning of section 126(1) shall be treated for the purposes of this Chapter as being the same as the original holding; and references in the following provisions of this section to the new holding shall be construed accordingly. (3) If the appropriate person gives, or becomes liable to give, as part of or in connection with the transaction concerned, any consideration for the new holding or any part of it, then, for the purposes of subsection (5) below, the value on death of the new holding shall be treated as the aggregate of— (a) the value on death of the original holding, and (b) an amount equal to that consideration, and in any other case the value on death of the new holding shall be taken to be the same as the value on death of the original holding. (4) For the purposes of subsection (3) above, there shall not be treated as consideration given for the new holding or any part of it— (a) any surrender, cancellation or other alteration of any of the investments comprised in the original holding or of the rights attached thereto, or (b) any consideration consisting of any application, in paying up the new holding or any part of it, of assets of the company concerned or of any dividend or other distribution declared out of those assets but not made. (5) If, within the period referred to in subsection (1) above, the appropriate person sells any investments comprised in the new holding, the value on death of those investments shall be determined by the formula— Vs ( H — S ) ( Vs + Vr ) where— Vs is the sale value of the investments, Vr is the market value at the time of the sale of any investments remaining in the new holding after the sale, H is the value on death of the new holding, and S is the value on death of any investments which were originally comprised in the new holding but have been sold on a previous occasion or occasions. (6) For the purposes of subsection (5) above the market value of any investments at any time means the value which they would (apart from this Chapter) have for the purposes of this Act if they were comprised in the estate of a person who died at that time.

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184 Exchanges.

(1) If— (a) within the period of twelve months immediately following the date of the death in question, the appropriate person exchanges (with or without any payment by way of equality of exchange) any qualifying investments comprised in the deceased’s estate immediately before his death, and (b) the market value of those investments is at the date of the exchange greater than their value on death, then, regardless of the nature of the property taken in exchange, they shall be treated for the purposes of this Chapter as having been sold at the date of the exchange for a price equal to that market value. (2) This section shall not apply in any case where the exchange falls within section 183(1) above; and section 183(6) shall apply for the purposes of subsection (1) above as it applies for the purposes of section 183(5).

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185 Acquisition of like investments.

(1) If, at any time within the period of twelve months immediately following the date of the death in question, the appropriate person sells any investments which form part of a holding of investments which are all of the same description and consist of— (a) investments comprised in the deceased’s estate immediately before his death, and (b) investments acquired by the appropriate person, by purchase or otherwise, after the death but not in the circumstances in which section 183 above applies, the investments so sold shall be apportioned for the purposes of this Chapter between those falling within paragraph (a) and those falling within paragraph (b) above in the same proportion as, immediately before the sale, the investments comprised in the holding and falling within paragraph (a) above bore to the investments so comprised and falling within paragraph (b) above. (2) For the purposes of this section, if the appropriate person holds investments of any description in the capacity of personal representative or trustee, the investments shall not be treated as forming part of the same holding as investments which, though of the same description, are held by him otherwise than in that capacity. (3) Section 180(3) above shall have effect for the purposes of this section as it has effect for the purposes of section 180(2).

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186 Value of part of a fund.

(1) In any case where— (a) part only of a holding of qualifying investments is comprised in a person’s estate, and (b) investments included in that holding are sold by the appropriate person within the period of twelve months immediately following the date of the death, this Chapter shall apply as if the entirety of the holding were comprised in the estate and, if a claim is made in respect of the investments referred to in paragraph (b) above, the taxable fraction of the value of the investments to which the claim relates, as determined under this Chapter, shall be the value of that part of those investments which is comprised in the estate. (2) In subsection (1) above, “taxable fraction” means the fraction of which the numerator is the value, as determined apart from this Chapter, of the part of the holding referred to in paragraph (a) of that subsection and the denominator is the value, as so determined, of the entirety of that holding.

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186A Cancelled investments.

(1) Where any qualifying investments comprised in a person’s estate immediately before his death are— (a) cancelled within the period of twelve months immediately following the date of the death without being replaced by other shares or securities, and (b) held, immediately before cancellation, by the appropriate person, they shall be treated for the purposes of this Chapter as having been sold by the appropriate person for a nominal consideration (one pound) immediately before cancellation. (2) Where any qualifying investments are included in the calculation under section 179(1) above by virtue of this section, paragraph (b) of that subsection shall have effect, so far as relating to those investments, with the omission of the words from “or” to the end.

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186B Suspended investments.

(1) This section applies to any qualifying investments comprised in a person’s estate immediately before his death in respect of which listing on a recognised stock exchange ... is suspended at the end of the period of twelve months immediately following the date of the death (“the relevant period”). (2) Where— (a) any qualifying investments to which this section applies are, at the end of the relevant period, held by the appropriate person, and (b) the value on death of those investments exceeds their value at the end of that period, they shall be treated for the purposes of this Chapter as having been sold by the appropriate person immediately before the end of that period for a price equal to their value at that time. (3) Where any qualifying investments are included in the calculation under section 179(1) above by virtue of this section, paragraph (b) of that subsection shall have effect, so far as relating to those investments, with the omission of the words from “or” to the end.

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187 Attribution of values to specific investments.

(1) This section shall have effect in determining the value for the purposes of this Act (and, accordingly, the market value for the purposes of capital gains tax under section 274 of the 1992 Act) of any investment (in this section referred to as a “specific investment”) which is included among the investments to which a claim relates. (2) Subject to the following provisions of this section, the value of a specific investment shall be its sale value. (3) Subject to the following provisions of this section, in a case where the calculation of the loss on sale of the investments to which a claim relates is affected by section 180 above— (a) if the value on death of a specific investment exceeds its sale price, the value of that investment shall be the aggregate of its sale value and an amount equal to the relevant proportion of the difference between its sale price and its value on death; and (b) if the sale price of a specific investment exceeds its value on death, the value of the investment shall be its sale value less an amount equal to the relevant proportion of the difference between its value on death and its sale price. (4) For the purposes of subsections (2) and (3) above, the sale value of a specific investment in respect of which an amount has been paid in pursuance of a call, as mentioned in section 182 above, shall be reduced by the amount so paid in respect of that investment. (5) In a case where, by virtue of subsection (3) of section 183 above, the value on death of the new holding, within the meaning of that section, includes an amount equal to the consideration referred to in that subsection, the sale value of any specific investment comprised in the new holding shall be reduced, for the purposes of subsections (2) and (3) above, by an amount which bears to that consideration the like proportion as the value on death of the specific investment sold bears to the value on death of the whole of the new holding. (6) In subsection (3) above “sale price”, in relation to a specific investment, means the price for which the investment was sold by the appropriate person or, if it is greater, the best consideration which could reasonably have been obtained for the specific investment at the time of the sale; and section 181 above shall apply for the purposes of this subsection as it applies for the purposes of section 179(1)(b).

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188 Limitation of loss on sale.

In any case where, apart from this section, the loss on sale of any investments— (a) in respect of which an amount has been paid in pursuance of a call as mentioned in section 182 above, or (b) which are sold as mentioned in section 183(5) above, would exceed their value as determined apart from this Chapter, their sale value shall be treated for the purposes of sections 179(2) and 187 above as being of such an amount that the loss on sale would be equal to their value as so determined.

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189 Date of sale or purchase.

(1) Subject to subsection (2) below, for the purposes of this Chapter where any investments are sold or purchased by the appropriate person the date on which they are sold or purchased shall be taken to be the date on which he entered into a contract to sell or purchase them. (2) If the sale or purchase of any investments by the appropriate person results from the exercise (whether by him or by any other person) of an option, then, for the purposes of this Chapter, the date on which the investments are sold or purchased shall be taken to be the date on which the option was granted.

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190 Preliminary.

(1) In this Chapter— “the appropriate person”, in relation to any interest in land comprised in a person’s estate immediately before his death, means the person liable for inheritance tax attributable to the value of that interest or, if there is more than one such person and one of them is in fact paying the tax, that person; “interest in land” does not include any estate, interest or right by way of mortgage or other security; “sale price”, in relation to any interest in land, means the price for which it is sold or, if greater, the best consideration that could reasonably have been obtained for it at the time of the sale; “sale value”, in relation to any interest in land, means its sale price as increased or reduced under the following provisions of this Chapter; “value on death”, in relation to any interest in land comprised in a person’s estate immediately before his death, means the value which, apart from this Chapter, (and apart from section 176 above) would be its value as part of that estate for the purposes of this Act. (2) Any reference in this Chapter to the interests to which a claim relates is a reference to the interests to which section 191(1) below applies by virtue of the claim. (3) For the purposes of this Chapter— (a) the personal representatives of the deceased, and (b) the trustees of a settlement, shall each be treated as a single and continuing body of persons (distinct from the persons who may from time to time be the personal representatives or trustees). (4) In any case where, for the purposes of this Chapter, it is necessary to determine the price at which any interest was purchased or sold or the best consideration that could reasonably have been obtained on the sale of any interest, no account shall be taken of expenses (whether by way of commission, stamp duty or stamp duty land tax or otherwise) which are incidental to the sale or purchase.

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191 The relief.

(1) Where— (a) an interest in land is comprised in a person’s estate immediately before his death and is sold by the appropriate person within the period of three years immediately following the date of the death, and (b) the appropriate person makes a claim under this Chapter stating the capacity in which he makes it, the value for the purposes of this Act of that interest and of any other interest in land comprised in that estate and sold within that period by the person making the claim acting in the same capacity shall, subject to the following provisions of this Chapter, be its sale value. (1A) A claim under this Chapter must be made not more than 4 years after the end of the period mentioned in subsection (1)(a). (2) Subsection (1) above shall not apply to an interest if its sale value would differ from its value on death by less than the lower of— (a) £1,000, and (b) 5 per cent of its value on death. (3) Subsection (1) above shall not apply to an interest if its sale is— (a) a sale by a personal representative or trustee to— (i) a person who, at any time between the death and the sale, has been beneficially entitled to, or to an interest in possession in, property comprising the interest sold, or (ii) the spouse or civil partner or a child or remoter descendant of a person within sub-paragraph (i) above, or (iii) trustees of a settlement under which a person within sub-paragraph (i) or (ii) above has an interest in possession in property comprising the interest sold; or (b) a sale in connection with which the vendor or any person within sub-paragraph (i), (ii) or (iii) of paragraph (a) above obtains a right to acquire the interest sold or any other interest in the same land; and for the purposes of this subsection a person shall be treated as having in the property comprised in an unadministered estate (within the meaning of section 91(2) above) the same interest as he would have if the administration of the estate had been completed.

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192 Effect of purchases.

(1) This section applies where a claim is made under this Chapter and, at any time during the period beginning on the date of the death and ending four months after the last of the sales referred to in section 191(1) above, the person making the claim purchases any interests in land in the same capacity as that in which he makes the claim. (2) If the aggregate of the purchase prices of all the interests purchased as mentioned in subsection (1) above equals or exceeds the aggregate of the sale prices (as adjusted under sections 193 to 195 below) of all the interests to which the claim relates, this Chapter shall not apply in relation to the claim; but otherwise subsection (3) below shall have effect, and in that subsection “the appropriate fraction” means the fraction of which— (a) the numerator is the aggregate of the said purchase prices, and (b) the denominator is the aggregate of the said sale prices. (3) Subject to subsection (4) below, where this subsection has effect an addition shall be made to the sale price of every interest to which the claim relates; and the amount of the addition shall be equal to the appropriate fraction of the difference between the value on death of the interest and its sale price (as adjusted under sections 193 to 196 below). (4) Where the value on death of an interest is less than its sale price (as adjusted under sections 193 to 196 below) subsection (3) above shall apply as if it provided for a reduction instead of an increase in the sale price.

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193 Changes between death and sale.

(1) Where the conditions mentioned in subsection (2) below are not satisfied in relation to any interest to which the claim relates then, subject to subsections (3) and (4) below, an addition shall be made to the sale price of the interest; and the amount of the addition shall be equal to the difference between— (a) the value on death of the interest, and (b) what that value would have been if the circumstances prevailing at the date of the sale and by reason of which the conditions are not satisfied had prevailed immediately before the death. (2) The conditions referred to in subsection (1) above are— (a) that the interest was the same in all respects and with the same incidents at the date of the death and at the date of the sale; and (b) that the land in which the interest subsists was in the same state and with the same incidents at the date of the death and at the date of the sale. (3) If after the date of the death but before the date of the sale compensation becomes payable under any enactment to the appropriate person or any other person liable for tax attributable to the value of the interest— (a) because of the imposition of a restriction on the use or development of the land in which the interest subsists, or (b) because the value of the interest is reduced for any other reason, the imposition of the restriction or the other cause of the reduction in value shall be ignored for the purposes of subsections (1) and (2) above, but there shall be added to the sale price of the interest an amount equal to the amount of compensation. (4) Where the value on death of an interest is less than it would have been as mentioned in subsection (1) above, that subsection shall apply as if, instead of providing for an addition to be made to the sale price, it provided for that price to be reduced to what it would have been if the change in circumstances by reason of which the conditions mentioned in subsection (2) above are not satisfied had not occurred.

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194 Leases.

(1) Where the claim relates to an interest which is the interest of a lessee under a lease the duration of which at the date of the death does not exceed fifty years, an addition shall be made to the sale price of the interest; and the amount of the addition shall be equal to the appropriate fraction of the value on death of the interest. (2) In subsection (1) above, “the appropriate fraction” means the fraction— P ( 1 ) - P ( 2 ) P ( 1 ) where— P(1) is the percentage that would be derived from the Table in paragraph 1 of Schedule 8 to the 1992 Act for the duration of the lease at the date of the death, and P(2) is the percentage that would be so derived for the duration of the lease at the date of the sale.

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195 Valuation by reference to other interests.

If in determining the value on death of any interest to which the claim relates, any other interests, whether in the same or other land, were taken into account, an addition shall be made to the sale price of the interest; and the amount of the addition shall be equal to the difference between the value on death of the interest and the value which would have been the value on death if no other interests had been taken into account.

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196 Sales to beneficiaries etc. and exchanges.

(1) This section applies where a person who makes a claim under this Chapter, acting in the same capacity as that in which he makes the claim— (a) sells an interest to which section 191(1) would apply but for section 191(3), or (b) within the period of three years immediately following the date of the death exchanges (with or without any payment by way of equality of exchange) any interest in land which was comprised in the deceased’s estate immediately before his death. and the sale price of the interest, or in the case of an exchange its market value at the date of the exchange, exceeds its value on death. (2) Where this section applies, an addition shall be made to the sale price of any interest to which the claim relates; and the amount of the addition— (a) if the claim relates to one interest only, shall be equal to the excess referred to in subsection (1) above, and (b) if the claim relates to more than one interest, shall be equal to the appropriate fraction of that excess. (3) In subsection (2) above “the appropriate fraction” in relation to any interest to which the claim relates is the fraction of which— (a) the numerator is the difference between the value on death of that interest and its sale price (as adjusted under sections 193 to 195 above) and (b) the denominator is the aggregate of that difference and the corresponding differences for all the other interests to which the claim relates; and the aggregate referred to in paragraph (b) above shall be calculated without regard to which is the greater, in the case of any particular interest, of its value on death and its sale price.

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197 Compulsory acquisition more than three years after death.

(1) If after the end of the period of three years immediately following the date of the death an interest in land is acquired from the appropriate person in pursuance of a notice to treat served before the death or within that period by an authority possessing powers of compulsory acquisition, this Chapter shall apply in relation to the interest as it applies in relation to interests sold within that period. (2) Subsection (1) above shall not have effect in relation to an interest if its sale value would exceed its value on death. (3) In determining the period referred to in section 192(1) above, no account shall be taken of the sale of an interest in relation to which subsection (1) above has effect; and if the claim relates only to such interests, section 192 shall not apply in relation to the claim.

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197A Sales in fourth year after death.

(1) Where an interest in land— (a) is comprised in a person’s estate immediately before his death, and (b) is sold by the appropriate person in the fourth year immediately following the date of the death, otherwise than in circumstances in which section 197(1) above has effect, the interest shall be treated, for the purposes of section 191(1) above, as having been sold within the period of three years immediately following the date of the death. (2) Subsection (1) above shall not have effect in relation to an interest if its sale value would exceed its value on death. (3) In determining the period referred to in section 192(1) above, no account shall be taken of the sale of an interest in relation to which subsection (1) above has effect; and if the claim relates only to such interests, section 192 shall not apply in relation to the claim. (4) In applying section 196(1) above, no account shall be taken, for the purposes of paragraph (a) of that subsection, of an interest in relation to which subsection (1) above has effect.

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198 Date of sale or purchase.

(1) Subject to the following subsections, the date on which an interest in land is sold or purchased by the appropriate person shall for the purposes of this Chapter be taken to be the date on which he enters into a contract to sell or purchase it. (2) If the sale or purchase of any interest by the appropriate person results from the exercise (whether by him or by any other person) of an option granted not more than six months earlier, the date on which the interest is sold or purchased shall be taken to be the date on which the option was granted. (3) If an interest is acquired from the appropriate person in pursuance of a notice to treat served by an authority possessing powers of compulsory acquisition, the date on which the interest is sold shall, subject to subsection (4) below, be taken to be the date on which compensation for the acquisition is agreed or otherwise determined (variations on appeal being disregarded for this purpose) or, if earlier, the date when the authority enter on the land in pursuance of their powers. (4) If an interest in land is acquired from the appropriate person— (a) in England, Scotland or Wales by virtue of a general vesting declaration within the meaning of the Compulsory Purchase (Vesting Declarations) Act 1981 or, in Scotland, Schedule 24 to the Town and Country Planning (Scotland) Act 1972, or (b) in Northern Ireland, by way of a vesting order, the date on which it is sold by the appropriate person shall be taken to be the last day of the period specified in the declaration or, in Northern Ireland, the date on which the vesting order becomes operative.

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199 Dispositions by transferor.

(1) The persons liable for the tax on the value transferred by a chargeable transfer made by a disposition (including any omission treated as a disposition under section 3(3) above) of the transferor are— (a) the transferor; (b) any person the value of whose estate is increased by the transfer; (c) so far as the tax is attributable to the value of any property, any person in whom the property is vested (whether beneficially or otherwise) at any time after the transfer, or who at any such time is beneficially entitled to an interest in possession in the property; (d) where by the chargeable transfer any property becomes comprised in a settlement, any person for whose benefit any of the property or income from it is applied. (2) Subsection (1)(a) above shall apply in relation to— (a) the tax on the value transferred by a potentially exempt transfer; and (b) so much of the tax on the value transferred by any other chargeable transfer made within seven years of the transferor’s death as exceeds what it would have been had the transferor died more than seven years after the transfer, with the substitution for the reference to the transferor of a reference to his personal representatives. (3) A purchaser of property, and a person deriving title from or under such a purchaser, shall not by virtue of subsection (1)(c) above be liable for tax attributable to the value of the property unless the property is subject to an Inland Revenue charge. (4) For the purposes of this section— (a) any person who takes possession of or intermeddles with, or otherwise acts in relation to, property so as to become liable as executor or trustee (or, in Scotland, any person who intromits with property or has become liable as a vitious intromitter), and (b) any person to whom the management of property is entrusted on behalf of a person not of full legal capacity, shall be treated as a person in whom the property is vested. (5) References in this section to any property include references to any property directly or indirectly representing it.

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200 Transfer on death.

(1) The persons liable for the tax on the value transferred by a chargeable transfer made (under section 4 above) on the death of any person are . . . — (a) so far as the tax is attributable to the value of property which either— (i) was not immediately before the death comprised in a settlement, or (ii) was so comprised and consists of land in the United Kingdom which devolves upon or vests in the deceased’s personal representatives, the deceased’s personal representatives; (b) so far as the tax is attributable to the value of property which, immediately before the death, was comprised in a settlement, the trustees of the settlement; (c) so far as the tax is attributable to the value of any property, any person in whom the property is vested (whether beneficially or otherwise) at any time after the death, or who at any such time is beneficially entitled to an interest in possession in the property; (d) so far as the tax is attributable to the value of any property which, immediately before the death, was comprised in a settlement, any person for whose benefit any of the property or income from it is applied after the death. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) A purchaser of property, and a person deriving title from or under such a purchaser, shall not by virtue of subsection (1)(c) above be liable for tax attributable to the value of the property unless the property is subject to an Inland Revenue charge. (3) For the purposes of subsection (1) above a person entitled to part only of the income of any property shall, notwithstanding anything in section 50 above, be deemed to be entitled to an interest in the whole of the property. (4) Subsections (4) and (5) of section 199 above shall have effect for the purposes of this section as they have effect for the purposes of that section.

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201 Settled property.

(1) The persons liable for the tax on the value transferred by a chargeable transfer made under Part III of this Act are— (a) the trustees of the settlement; (b) any person entitled (whether beneficially or not) to an interest in possession in the settled property; (c) any person for whose benefit any of the settled property or income from it is applied at or after the time of the transfer; (d) where the transfer is made during the life of the settlor and the trustees are not for the time being resident in the United Kingdom, the settlor. (2) Where the chargeable transfer is made within seven years of the transferor’s death but is not a potentially exempt transfer, subsection (1)(d) above shall not apply in relation to so much of the tax as exceeds what it would have been had the transferor died more than seven years after the transfer. (3) Subsection (1)(d) above shall not apply in relation to a settlement made before 11th December 1974 if the trustees were resident in the United Kingdom when the settlement was made, but have not been resident there at any time during the period between 10th December 1974 and the time of the transfer. (3A) Subsection (1)(d) above shall not apply in relation to the tax chargeable on the value transferred by a potentially exempt transfer which proves to be a chargeable transfer in a case where the settlement was made before 17th March 1987 if the trustees were resident in the United Kingdom when the settlement was made, but have not been resident there at any time between 16th March 1987 and the death of the transferor. (4) Where more than one person is a settlor in relation to a settlement and the circumstances so require, subsection (1)(d) above shall have effect in relation to it as if the settled property were comprised in separate settlements. (4A) Where— (a) a charge to tax arises under or by virtue of section 74A, or (b) in a case where paragraphs (a) to (d) of section 74A are satisfied, a charge to tax arises under section 64 or 65 in respect of the relevant settled property (within the meaning of section 74A), subsection (1) of this section has effect as if the persons listed in that subsection included the individual mentioned in section 74A(1)(b)(i). (5) For the purposes of this section trustees of a settlement shall be regarded as not resident in the United Kingdom unless the general administration of the settlement is ordinarily carried on in the United Kingdom and the trustees or a majority of them (and, where there is more than one class of trustees, a majority of each class) are for the time being resident in the United Kingdom. (6) References in this section to any property include references to any property directly or indirectly representing it.

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202 Close companies.

(1) The persons liable for tax chargeable by virtue of section 94(1) or section 99(2) above are— (a) the company making the transfer of value concerned, and (b) so far as the tax remains unpaid after it ought to have been paid, the persons to whom any amounts have been apportioned under section 94 above and any individual (whether such a person or not) the value of whose estate is increased by the company’s transfer. (2) A person to whom not more than 5 per cent of the value transferred by the company’s transfer is apportioned shall not as such be liable for any of the tax; and each of the other persons to whom any part of that value has been apportioned shall be so liable only for such part of the tax as corresponds to that part of that value. (3) A person the value of whose estate is increased by the company’s transfer shall not as such be liable for a greater amount than the amount of the increase. (4) No person other than those liable under this section shall be liable for any tax chargeable by virtue of section 94(1) or section 99(2) above.

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203 Liability of spouse or civil partner.

(1) Where— (a) a transferor is liable for any tax on the value transferred by a chargeable transfer, and (b) by another transfer of value made by him on or after 27th March 1974 (“the spouse or civil partner transfer”) any property became the property of a person (“the transferee”) who at the time of both transfers was his spouse or civil partner , the transferee is liable for so much of the tax as does not exceed the market value of the property at the time of the spouse or civil partner transfer or, in a case where subsection (2) below applies the lower market value mentioned in paragraph (c) of that subsection. (2) This subsection applies where— (a) the chargeable transfer is made after the spouse or civil partner transfer; and (b) the property (“the transferred property”) which became the property of the transferee either remains the transferee’s property at the date of the chargeable transfer or has before that date been sold by the transferee by a qualifying sale; and (c) the market value of the transferred property on the relevant date (that is to say, the date of the chargeable transfer or, as the case may be, of the qualifying sale) is lower than its market value at the time of the spouse or civil partner transfer; and (d) the transferred property is not tangible movable property. (3) In this section “qualifying sale” has the same meaning as in section 131 above; and, subject to subsection (4) below, sections 133 to 140 above shall have effect for the purposes of this section as they have effect for the purposes of section 131. (4) In their application by virtue of subsection (3) above, sections 133 to 140 above shall have effect as if— (a) references to the chargeable transfer were references to the spouse or civil partner transfer, (b) references to the transferee’s spouse or civil partner were omitted, and (c) references to section 131 above were references to this section.

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204 Limitation of liability.

(1) A person shall not be liable under section 200(1)(a) above for any tax as a personal representative of a deceased person, except to the extent of the following assets, namely— (a) so far as the tax is attributable to the value of any property other than such as is mentioned in paragraph (b) below, the assets (other than property so mentioned) which he has received as personal representative or might have so received but for his own neglect or default; and (b) so far as the tax is attributable to property which, immediately before the death, was comprised in a settlement and consists of land in the United Kingdom, so much of that property as is at any time available in his hands for the payment of the tax, or might have been so available but for his own neglect or default. (2) A person shall not be liable for tax as trustee in relation to any property, except to the extent of— (a) so much of the property as he has actually received or disposed of or as he has become liable to account for to the persons beneficially entitled thereto, and (b) so much of any other property as is for the time being available in his hands as trustee for the payment of the tax or might have been so available but for his own neglect or default. (3) A person not liable as mentioned in subsection (1) or (2) above but liable for tax as a person in whom property is vested or liable for tax as a person entitled to a beneficial interest in possession in any property shall not be liable for the tax except to the extent of that property. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A person liable for tax as a person for whose benefit any settled property, or income from any settled property, is applied, shall not be liable for the tax except to the extent of the amount of the property or income (reduced in the case of income by the amount of any income tax borne by him in respect of it, and in the case of other property in respect of which he has borne income tax by virtue of Chapter 2 of Part 13 of the Income Tax Act 2007 by the amount of that tax). (6) Where a person is liable for any tax— (a) under section 199 above otherwise than as transferor or personal representatives of the transferor, or (b) under section 201 above otherwise than as trustee of the settlement, he shall be liable only if the tax remains unpaid after it ought to have been paid and, in a case where any part of the value transferred is attributable to the tax on it, shall be liable to no greater extent than he would have been had the value transferred been reduced by the tax remaining unpaid. (7) Where the tax exceeds what it would have been had the transferor died more than seven years after the transfer, subsection (6) above shall not apply in relation to the excess. (8) A person liable by virtue of section 199(2) above for any tax as personal representative of the transferor shall be liable only to the extent that either— (a) in consequence of subsections (2), (3) and (5) above, no person falling within paragraphs (b) to (d) of section 199(1) above is liable for the tax, or (b) the tax remains unpaid twelve months after the end of the month in which the death of the transferor occurs, and, subject to that, shall be liable only to the extent of the assets mentioned in subsection (1) above. (9) Where by virtue of subsection (3) of section 102 of the Finance Act 1986 the estate of a deceased person is treated as including property which would not apart from that subsection form part of his estate, a person shall be liable under section 200(1)(a) above as personal representative for tax attributable to the value of that property only if the tax remains unpaid twelve months after the end of the month in which the death occurs and, subject to that, only to the extent of the assets mentioned in subsection (1) above.

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205 More than one person liable.

Except as otherwise provided, where under this Act two or more persons are liable for the same tax, each of them shall be liable for the whole of it.

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206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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207 Conditional exemption, etc.

(1) Where tax is chargeable under section 32 above on the occurrence of an event which is a chargeable event with respect to any property by virtue of subsection (2) or subsection (3)(a) of that section, the person liable for the tax is the person who, if the property were sold— (a) in a case within subsection (2) of that section, at the time the tax becomes chargeable, and (b) in a case within subsection (3)(a), immediately after the death, would be entitled to receive (whether for his benefit or not) the proceeds of sale or any income arising from them. (2) Where tax is chargeable under section 32 above on the occurrence of an event which is a chargeable event with respect to any property by virtue of subsection (3)(b) of that section, the person liable for the tax is the person by whom or for whose benefit the property is disposed of. (2A) Where tax is chargeable under section 32A above on the occurrence of an event which is a chargeable event with respect to any property by virtue of subsection (3) or subsection (4)(a) of that section, the person liable for the tax is the person who, if the property were sold— (a) in a case within subsection (3) of that section, at the time the tax becomes chargeable, and (b) in a case within subsection (4)(a), immediately after the death, would be entitled to receive (whether for his benefit or not) the proceeds of sale or any income arising from them. (2B) Where tax is chargeable under section 32A above on the occurrence of an event which is a chargeable event with respect to any property by virtue of subsection (4)(b) of that section, the person liable for the tax is the person by whom or for whose benefit the property is disposed of. (3) The persons liable for tax charged under section 79(3A) above are— (a) the trustees of the settlement concerned, and (b) any person for whose benefit any of the property or income from it is applied at or after the time of the event occasioning the charge. (4) The person liable for tax chargeable under paragraph 1(1) or 3(1) of Schedule 5 to this Act is the person who, if the property were sold at the time the tax becomes chargeable, would be entitled to receive (whether for his benefit or not) the proceeds of sale or any income arising from them. (5) The person liable for tax chargeable under paragraph 1(2) or 3(2) of Schedule 5 to this Act is the person by whom or for whose benefit the property is disposed of.

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208 Woodlands.

The person liable for tax chargeable under section 126 above in relation to a disposal is the person who is entitled to the proceeds of sale or would be so entitled if the dispoal were a sale.

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209 Succession in Scotland.

(1) A person shall not be liable under section 200(1)(a) above for tax attributable to the value of any heritable property in Scotland which is vested in him as executor in the circumstances and for the purposes mentioned in subsection (1) or (2) of section 18 of the Succession (Scotland) Act 1964. (2) The persons liable for tax chargeable under section 147(4) above are the person who claims legitim or rights under section 131 of the Civil Partnership Act 2004 and any person mentioned in section 200(1)(c) above. (3) Section 200(1)(a) shall not apply in relation to tax chargeable under section 147(4) above, but section 204(1) shall apply in relation to the person who claims legitim or rights under section 131 of the Civil Partnership Act 2004 as it applies in relation to the personal representatives of a deceased person.

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210 Pension rights

(1) This section applies to any tax that is attributable to the value of notional pension property of a deceased member of a registered pension scheme, a qualifying non-UK pension scheme or a section 615(3) scheme. (2) For the purposes of this Part the tax is treated as also attributable to the value of— (a) any property held for the purposes of the scheme that is available for paying a benefit on the deceased’s death, except so far as the property may only be used to provide an excluded benefit, or an exempt benefit, on the deceased’s death, and (b) any property that is received by a person under the scheme as a benefit on the deceased’s death, other than an excluded benefit or an exempt benefit. (3) The persons liable for the tax (as well as including a person within section 200(1)(c) (person in whom property is vested etc))— (a) include the deceased’s personal representatives so far as they are not already liable under section 200(1)(a), (b) where the scheme is a registered pension scheme, include the scheme administrator where— (i) a benefit has been paid in breach of section 226A (withholding of benefits), or (ii) the scheme administrator has failed to comply with section 226B (direct payment of tax on receipt of notice), and (c) where the scheme is a registered pension scheme or a section 615(3) scheme, do not (despite section 200(1)(b) and (c)) include the trustees of the scheme (if there are any) or any other person who holds property for the purposes of the scheme in question. (4) Where the scheme administrator is liable for tax by virtue of subsection (3)(b)(ii) (and not by virtue of subsection (3)(b)(i)), their liability is limited to the amount of tax that they have failed to pay as required under section 226B. (5) Sections 271 to 272C of the Finance Act 2004 (liability of scheme administrator) apply in relation to a liability under this Act as they apply in relation to a liability under Part 4 of that Act. (6) Subsection (3)(c) does not prevent a person from being liable to tax— (a) under subsection (3)(b) in their capacity as scheme administrator, or (b) by virtue of subsection (5). (7) In this Act “exempt benefit”, in relation to a pension scheme and a deceased member of the scheme, means a benefit paid under the scheme if and so far as the payment renders the transfer of value made on the deceased’s death an exempt transfer. (8) For provision under which a payment of a benefit renders the transfer of value on death an exempt transfer to the extent of the payment, see— section 18 (transfers between spouses or civil partners); section 23 (gifts to charities or registered clubs); section 24 (gifts to political parties); section 24A (gifts to housing associations); section 25 (gifts for national purposes etc); section 27 (maintenance funds for historic buildings etc).

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211 Burden of tax on death.

(1) Where personal representatives are liable for tax on the value transferred by chargeable transfer made on death, the tax shall be treated as part of the general testamentary and administration expenses of the estate, but only so far as it is attributable to the value of property in the United Kingdom which— (a) vests in the deceased’s personal representatives, and (b) was not immediately before the death comprised in a settlement. (2) Subsection (1) above shall have effect subject to any contrary intention shown by the deceased in his will. (3) If— (a) personal representatives pay an amount of tax, (b) the amount does not fall to be borne as part of the general testamentary and administration expenses of the estate, (c) property to whose value the tax is attributable is vested in someone other than the personal representatives (“the vestee”), and (d) the personal representatives cannot recover the amount by deducting it from any sums payable to the vestee out of the estate (whether because there are no sums so payable or because such sums are insufficient or have already been paid without deduction), the vestee must repay the amount to the personal representatives. (4) References in this section to tax include references to interest on tax.

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212 Powers to raise tax.

(1) Where a person is liable, otherwise than as transferor, and otherwise than under section 203 above, for tax attributable to the value of any property he shall, for the purpose of paying the tax or raising the amount of it when paid, have power, whether or not the property is vested in him, to raise the amount of the tax by sale or mortgage of, or a terminable charge on, that property , any property derived from that property, or any part of that property or of property derived from it. (2) A person having a limited interest in any property who pays the tax attributable to the value of that property shall be entitled to the like charge as if the tax so attributable had been raised by means of a mortgage to him. (3) Any money held on the trusts of a settlement may be expended in paying the tax attributable to the value of any property comprised in the settlement and held on the same trusts. (4) References in this section to tax include references to interest on tax and to costs properly incurred in respect of tax.

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213 Refund by instalments.

Where a person has paid to the Board any tax which is or might at his option have been payable by instalments and he is entitled to recover the whole or part of it from another person, that other person shall, unless otherwise agreed between them, be entitled to refund the tax or that part by the same instalments (with the same interest thereon) as those by which it might have been paid to the Board.

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214 Certificates of tax paid.

(1) On an application being made in such form as the Board may prescribe by a person who has paid or borne the tax attributable to the value of any property, being tax for which he is not ultimately liable, the Board shall grant a certificate specifying the tax paid and the debts and incumbrances allowed in valuing the property. (2) Except to the extent of any repayment which may be or become due from the Board, a certificate under subsection (1) above shall be conclusive as between any person by whom the tax specified in the certificate falls to be borne and the person seeking to recover the tax from him; and any repayment of the tax falling to be made by the Board shall be duly made if made to the person producing the certificate. (3) References in this section to tax include references to interest on tax.

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215 General.

The tax shall be under the care and management of the Board.

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216 Delivery of accounts.

(1) Except as otherwise provided by this section or by regulations under section 256 below, the personal representatives of a deceased person and every person who— (a) is liable as transferor for tax on the value transferred by a chargeable transfer, or would be so liable if tax were chargeable on that value, or (b) is liable as trustee of a settlement for tax on the value transferred by a transfer of value, or would be so liable if tax were chargeable on that value, or (bb) is liable under section 199(1)(b) above for tax on the value transferred by a potentially exempt transfer which proves to be a chargeable transfer, or would be so liable if tax were chargeable on that value, or (bc) is liable under section 200(1)(c) above for tax on the value transferred by a chargeable transfer made on death, so far as the tax is attributable to the value of property which, apart from section 102(3) of the Finance Act 1986, would not form part of the deceased’s estate, or would be so liable if tax were chargeable on the value transferred on the death, or (bca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (bd) is liable under section 201(1)(b), (c) or (d) above for tax on the value transferred by a potentially exempt transfer which is made under section 52 above and which proves to be a chargeable transfer, or would be so liable if tax were chargeable on that value, or (c) is liable as trustee of a settlement for tax on an occasion on which tax is chargeable under Chapter III of Part III of this Act (apart from section 79), or would be so liable if tax were chargeable on the occasion, shall deliver to the Board an account specifying to the best of his knowledge and belief all appropriate property and the value of that property. (2) Where in the case of the estate of a deceased person no grant of representation or confirmation has been obtained in the United Kingdom before the expiration of the period of twelve months from the end of the month in which the death occurred— (a) every person in whom any of the property forming part of the estate vests (whether beneficially or otherwise) on or at any time after the deceased’s death or who at any such time is beneficially entitled to an interest in possession in any such property, and (b) where any of the property is at any such time comprised in a settlement and there is no person beneficially entitled to an interest in possession in that property, every person for whose benefit any of that property (or income from it) is applied at any such time, shall deliver to the Board an account specifying to the best of his knowledge and belief the appropriate property vested in him, in which he has an interest or which (or income from which) is applicable for his benefit and the value of that property. (3) Subject to subsections (3A) and (3B) below, where an account is to be delivered by personal representatives (but not where it is to be delivered by a person who is an executor of the deceased only in respect of settled land in England and Wales), the appropriate property is— (a) all property which formed part of the deceased’s estate immediately before his death . . . , other than property which would not, apart from section 102(3) of the Finance Act 1986, form part of his estate; and (b) all property to which was attributable the value transferred by any chargeable transfers made by the deceased within seven years of his death. (3A) If the personal representatives, after making the fullest enquiries that are reasonably practicable in the circumstances, are unable to ascertain the exact value of any particular property, their account shall in the first instance be sufficient as regards that property if it contains— (a) a statement to that effect; (b) a provisional estimate of the value of the property; and (c) an undertaking to deliver a further account of it as soon as its value is ascertained. (3B) The Board may from time to time give such general or special directions as they think fit for restricting the property to be specified in pursuance of subsection (3) above by any class of personal representatives. (4) Where subsection (3) above does not apply the appropriate property is any property to the value of which the tax is or would be attributable . . . . (5) Except in the case of an account to be delivered by personal representatives, a person shall not be required to deliver an account under this section with respect to any property if a full and proper account of the property, specifying its value, has already been delivered to the Board by some other person who— (a) is or would be liable for the tax attributable to the value of the property, and (b) is not or would not be liable with him jointly as trustee; and a person within subsection (2) above shall not be required to deliver an account under that subsection if he or another person within that subsection has satisfied the Board that an account will in due course be delivered by the personal representatives. (6) An account under the preceding provisions of this section shall be delivered— (a) in the case of an account to be delivered by personal representatives, before the expiration of the period of twelve months from the end of the month in which the death occurs, or, if it expires later, the period of three months beginning with the date on which the personal representatives first act as such; (aa) in the case of an account to be delivered by a person within subsection (1)(bb) or (bd) above, before the expiration of the period of twelve months from the end of the month in which the death of the transferor occurs; (ab) in the case of an account to be delivered by a person within subsection (1)(bc) above, before the expiration of the period of twelve months from the end of the month in which the death occurs; (ac) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ad) in the case of an account to be delivered by a person within subsection (1)(c) above, before the expiration of the period of six months from the end of the month in which the occasion concerned occurs; (b) in the case of an account to be delivered by a person within subsection (2) above, before the expiration of the period of three months from the time when he first has reason to believe that he is required to deliver an account under that subsection; (c) in the case of an account to be delivered by any other person, before the expiration of the period of twelve months from the end of the month in which the transfer is made or, if it expires later, the period of three months beginning with the date on which he first becomes liable for tax. (7) A person liable for tax under section 32 or 32A, 79 or 126 above or under Schedule 5 to this Act shall deliver an account under this section before the expiration of the period of six months from the end of the month in which the event by reason of which the tax is chargeable occurs.

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217 Defective accounts.

If a person who has delivered an account under section 216 above discovers at any time that the account is defective in a material respect by reason of anything contained in or omitted from it he shall, within six months of that time, deliver to the Board a further account containing such information as may be necessary to remedy the defect.

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