C2C1PART V INHERITANCE TAX

Annotations:
Modifications etc. (not altering text)
C2

Pt. V modified (with effect in accordance with s. 84(2) of the amending Act) by Finance Act 2004 (c. 12), Sch. 15 para. 22(2)(b)(i)

C1

Pt. V modified (with effect in accordance with s. 84(2) of the amending Act) by Finance Act 2004 (c. 12), Sch. 15 para. 21(2)(b)(i)

F1102C Sections 102A and 102B: supplemental.

1

In sections 102A and 102B above โ€œthe relevant periodโ€ has the same meaning as in section 102 above.

2

An interest or share disposed of is not property subject to a reservation under section 102A(2) or 102B(2) above if or, as the case may be, to the extent that the disposal is an exempt transfer by virtue of any of the provisions listed in section 102(5) above.

3

In applying sections 102A and 102B above no account shall be taken ofโ€”

a

occupation of land by a donor, or

b

an arrangement which enables land to be occupied by a donor,

in circumstances where the occupation, or occupation pursuant to the arrangement, would be disregarded in accordance with paragraph 6(1)(b) of Schedule 20 to this Act.

4

The provisions of Schedule 20 to this Act, apart from paragraph 6, shall have effect for the purposes of sections 102A and 102B above as they have effect for the purposes of section 102 above; and any question which falls to be answered under section 102A or 102B above in relation to an interest in land shall be determined by reference to the interest which is at that time treated as property comprised in the gift.

5

Where property other than an interest in land is treated by virtue of paragraph 2 of that Schedule as property comprised in a gift, the provisions of section 102 above shall apply to determine whether or not that property is property subject to a reservation.

6

Sections 102 and 102A above shall not apply to a case to which section 102B above applies.

7

Section 102A above shall not apply to a case to which section 102 above applies.