6 Excluded property.U.K.
(1)Property situated outside the United Kingdom is excluded property if the person beneficially entitled to it is an individual domiciled outside the United Kingdom.
[F1(1A)A holding in an authorised unit trust and a share in an open-ended investment company is excluded property if the person beneficially entitled to it is an individual domiciled outside the United Kingdom.]
[F2[F3(1B)A relevant decoration or award is excluded property if it has never been the subject of a disposition for a consideration in money or money's worth.
(1BA)In subsection (1B) “relevant decoration or award” means a decoration or other similar award—
(a)that is designed to be worn to denote membership of—
(i)an Order that is, or has been, specified in the Order of Wear published in the London Gazette (“the Order of Wear”), or
(ii)an Order of a country or territory outside the United Kingdom,
(b)that is, or has been, specified in the Order of Wear,
(c)that was awarded for valour or gallant conduct,
(d)that was awarded for, or in connection with, a person being, or having been, a member of, or employed or engaged in connection with, the armed forces of any country or territory,
(e)that was awarded for, or in connection with, a person being, or having been, an emergency responder within the meaning of section 153A (death of emergency service personnel etc), or
(f)that was awarded by the Crown or a country or territory outside the United Kingdom for, or in connection with, public service or achievement in public life.]
(1C)In subsection (1B) the reference to a disposition of the decoration or other award includes—
(a)a reference to a disposition of part of it, and
(b)a reference to a disposition of an interest in it (or in part of it).]
(2)Where securities have been issued by the Treasury subject to a condition authorised by section 22 of the M1Finance (No. 2) Act 1931 (or section 47 of the M2Finance (No. 2) Act 1915) for exemption from taxation so long as the securities are in the beneficial ownership of persons [F4of a description specified in the condition], the securities are excluded property if they are in the beneficial ownership of such a person.
(3)Where the person beneficially entitled to the rights conferred by any of the following, namely—
(a)war savings certificates;
(b)national savings certificates (including Ulster savings certificates);
(c)premium savings bonds;
(d)deposits with the National Savings Bank or with a trustee savings bank;
(e)a [F5certified SAYE savings arrangement] within the meaning of [F6section 703(1) of the Income Tax (Trading and Other Income) Act 2005];
is domiciled in the Channel Islands or the Isle of Man, the rights are excluded property.
(4)Property to which this subsection applies by virtue of section 155(1) [F7or (5A)] below is excluded property.
[F8(5)This section is subject to Schedule A1 (non-excluded overseas property).]
Textual Amendments
F1S. 6(1A) inserted (with effect as stated in s. 186(8) of the amending Act) by Finance Act 2003 (c. 14), s. 186(2)
F2S. 6(1B)(1BA) substituted for s. 6(1B) (with effect in accordance with s. 74(2) of the amending Act) by Finance Act 2015 (c. 11), s. 74(1)
F3S. 6(1B)(1C) inserted (6.4.2009 with effect as mentioned in art. 14(2) of the amending S.I.) by The Enactment of Extra-Statutory Concessions Order 2009 (S.I. 2009/730, art. 14(1)
F4Words in s. 6(2) substituted (29.4.1996 with effect as mentioned in s. 154(9) of the amending Act) by 1996 c. 8, s. 154(7), Sch. 28 para. 7 (with s. 154(5))
F5Words in s. 6(3)(e) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), ss. 882, 883, Sch. 1 para. 394(a) (with Sch. 2)
F6Words in s. 6(3)(e) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), ss. 882, 883, Sch. 1 para. 394(b) (with Sch. 2)
F7Words in s. 6(4) inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 37 para. 2
F8S. 6(5) inserted (with effect in accordance with Sch. 10 para. 9 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 10 para. 3
Marginal Citations