Section 2.
1Subsection (6) of section two of the Finance Act, 1928 (which relates to drawback).
2Subsection (8) of section two of the Finance Act, 1928, section seven of the Finance Act, 1930, and subsection (1) of section four of the Finance Act, 1938 (which provide for repayment of duty paid in respect of oils used on fishing boats and lifeboats).
3Subsection (2) of section three of the Finance Act, 1928 (under which the penalty for offences depends on the value of the goods, including duty).
4Paragraph 5 of the First Schedule to the Finance Act, 1928 (which penalizes misstatements for the purpose of obtaining repayment of duty or rebate).
5Section four of the Finance (No. 2) Act, 1931 (which prohibits the mixing with light oils of hydrocarbon oils on which rebate has been allowed).
6Subsection (1) of section three of the Finance Act, 1934 (which relates to the measurement of artificially heated oils).
7Section two of the Finance Act, 1935 (which disallows rebate on heavy oils used as road fuel).
Section 6.
| £ | s. | d. | |
|---|---|---|---|
| For every 36 gallons of worts of a specific gravity of 1,030 degrees or less | 7 | 15 | 4 ½ |
| For every 36 gallons of worts of a specific gravity exceeding 1,030 degrees— | |||
| 7 | 15 | 4 ½ |
| 6 | 7 ½ | |
| And so in proportion for any less number of gallons. |
| £ | s. | d. | |
|---|---|---|---|
| As respects beer the worts whereof were, before fermentation, of a specific gravity of less than 1,030 degrees the amount of drawback allowable shall not exceed by more than twopence for every 36 gallons the amount of duty which is shown to the satisfaction of the Commissioners to have been paid. | |||
| For every 36 gallons the worts whereof were, before fermentation, of a specific gravity of 1,030 degrees or less | 7 | 15 | 6 ½ |
| For every 36 gallons the worts whereof were, before fermentation, of a specific gravity exceeding 1,030 degrees— | |||
| 7 | 15 | 6 ½ |
| 6 | 7 ½ | |
| And so in proportion for any less number of gallons. | |||
| £ | s. | d. | |
|---|---|---|---|
| For every 36 gallons the worts whereof were, before fermentation, of a specific gravity of 1,030 degrees or less | 7 | 15 | 9 ½ |
| For every 36 gallons the worts whereof were, before fermentation, of a specific gravity exceeding 1,030 degrees— | |||
| 7 | 15 | 9 ½ |
| 6 | 7 ½ | |
| And so in proportion for any less number of gallons. |
| £ | s. | d. | |
|---|---|---|---|
| For every 36 gallons the worts whereof were, before fermentation, of a specific gravity of 1,030 degrees or less | 8 | 15 | 9 ½ |
| For every 36 gallons the worts whereof were, before fermentation of a specific gravity exceeding 1,030 degrees— | |||
| 8 | 15 | 9 ½ |
| 6 | 7 ½ | |
| And so in proportion for any less number of gallons. |
| £ | s. | d. | |
|---|---|---|---|
| As respects beer the worts whereof were, before fermentation, of a specific gravity of less than 1,030 degrees, the amount of drawback allowable shall not exceed the amount of duty which is shown to the satisfaction of the Commissioners to have been paid, less threepence for every 36 gallons. | |||
| For every 36 gallons the worts whereof were, before fermentation, of a specific gravity of 1,030 degrees or less | 7 | 15 | 6 ½ |
| For every 36 gallons the worts whereof were, before fermentation, of a specific gravity exceeding 1,030 degrees— | |||
| 7 | 15 | 6½ |
| 6 | 7½ | |
| And so in proportion for any less number of gallons. | |||
| £ | s. | d. | |
|---|---|---|---|
| As respects beer the worts whereof were, before fermentation, of a specific gravity of less than 1,030 degrees, the amount of drawback allowable shall not exceed the amount of duty which is shown to the satisfaction of the Commissioners to have been paid, less threepence for every 36 gallons. | |||
| For every 36 gallons the worts whereof were, before fermentation, of a specific gravity of 1,030 degrees or less | 8 | 15 | 6 ½ |
| For every 36 gallons the worts whereof were, before fermentation, of a specific gravity exceeding 1,030 degrees— | |||
| 8 | 15 | 6 ½ |
| 6 | 7 ½ | |
| And so in proportion for any less number of gallons. | |||
Section 13.
(2)This section applies to the following mechanically propelled vehicles, that is to say—
(a)locomotive ploughing engines, tractors, agricultural tractors and other agricultural engines, which are not used on public roads for hauling any objects, except as follows, that is to say—
(i)for hauling their own necessary gear, threshing appliances, farming implements, a living van for the accommodation of persons employed in connection with the vehicle, or supplies of water or fuel required for the purposes of the vehicle or for agricultural purposes;
(ii)for hauling from one part of a farm to another part of that farm, agricultural or woodland produce of, or articles required for, the farm;
(iii)for hauling, within fifteen miles of a farm in the occupation of the person in whose name the vehicle is registered under this Act, agricultural or woodland produce of that farm, or agricultural or woodland produce of land occupied with that farm, or fuel required for any purpose on that farm or for domestic purposes by persons employed on that farm by the occupier of the farm;
(iv)for hauling articles required for a farm by the person in whose name the vehicle is registered under this Act, being either the owner or occupier of the farm or a contractor engaged to do agricultural work on the farm by the owner or occupier of the farm, or for hauling articles required by that person for land occupied by him with a farm;
(v)for hauling, within fifteen miles of a forestry estate in the occupation of the person in whose name the vehicle is registered under this Act, agricultural or woodland produce of that estate or fuel required far any purpose on that estate or for domestic purposes by persons employed on that estate by the occupier of the estate, or for hauling articles required for such a forestry estate by the occupier of the estate;
(b)vehicles designed, constructed and used for the purpose of trench digging or any kind of excavating or shovelling work, which—
(i)are used on public roads only for that purpose or for the purpose of proceeding to and from the place where they are to be used for that purpose; and
(ii)when so proceeding, neither carry nor haul any load other than such as is necessary for their propulsion or equipment;
(c)vehicles designed and constructed as mobile cranes which—
(i)are used on public roads only either as cranes in connection with work being carried on on a site in the immediate vicinity or for the purpose of proceeding to and from a place where they are to be used as cranes; and
(ii)when so proceeding neither carry nor haul any load other than such as is necessary for their propulsion or equipment;
(d)mowing machines;
(f)vehicles (other than vehicles mentioned in paragraphs (a) to (d) of this subsection) which are constructed and used on public roads for haulage solely and not for the purpose of carrying or having superimposed upon them any load except such as is necessary for their propulsion or equipment.
Section 14.
| Amount of Payment | Rate of Duty | ||||||
|---|---|---|---|---|---|---|---|
| Where the amount of the payment, excluding the amount of duty— | |||||||
| s. | d. | s. | d. | s. | d. | ||
| exceeds | 7 | and does not exceed | 8 | 1 | |||
| exceeds | 8 | and does not exceed | 8 ½ | 1 ½ | |||
| exceeds | 8 ½ | and does not exceed | 9 | 3 | |||
| exceeds | 9 | and does not exceed | 10 ½ | 4 ½ | |||
| exceeds | 10 ½ | and does not exceed | 11 ½ | 6 ½ | |||
| exceeds | 11 ½ | and does not exceed | 1 | 0 ½ | 8 ½ | ||
| exceeds | 1 | 0 ½ | and does not exceed | 1 | 1 | 9 | |
| exceeds | 1 | 1 | and does not exceed | 1 | 4 ½ | 10 ½ | |
| exceeds | 1 | 4 ½ | and does not exceed | 1 | 5 | 11 | |
| exceeds | 1 | 5 | and does not exceed | 1 | 8 | 1 | 1 |
| exceeds | 1 | 8 | and does not exceed | 1 | 8 ½ | 1 | 1 ½ |
| exceeds | 1 | 8 ½ | and does not exceed | 1 | 9 | 1 | 3 |
| exceeds | 1 | 9 | and does not exceed | 1 | 9 ½ | 1 | 3 ½ |
| exceeds | 1 | 9 ½ | and does not exceed | 2 | 0 | 1 | 6 |
| exceeds | 2 | 0 | and does not exceed | 2 | 0 ½ | 1 | 6 ½ |
| exceeds | 2 | 0 ½ | and does not exceed | 2 | 2 | 1 | 7 |
| exceeds | 2 | 2 | and does not exceed | 2 | 2 ½ | 1 | 7 ½ |
| exceeds | 2 | 2 ½ | and does not exceed | 2 | 6 | 2 | 0 |
| exceeds | 2 | 6 | and does not exceed | 2 | 6 ½ | 2 | 0 ½ |
| exceeds | 2 | 6 ½ | and does not exceed | 3 | 0 | 2 | 6 |
| exceeds | 3 | 0 | and does not exceed | 3 | 0 ½ | 2 | 6 ½ |
| exceeds | 3 | 0 ½ | and does not exceed | 3 | 5 | 2 | 7 |
| exceeds | 3 | 5 | and does not exceed | 3 | 5 ½ | 2 | 7 ½ |
| exceeds | 3 | 5 ½ | and does not exceed | 4 | 2 | 3 | 4 |
| exceeds | 4 | 2 | and does not exceed | 4 | 2 ½ | 3 | 4 ½ |
| exceeds | 4 | 2 ½ | and does not exceed | 4 | 11 | 4 | 2 |
| exceeds | 4 | 11 | and does not exceed | 5 | 5 | 4 | 7 |
| exceeds | 5 | 5 | and does not exceed | 5 | 11 | 5 | 0 |
| exceeds | 5 | 11 | and does not exceed | 6 | 5 | 5 | 2 |
| exceeds | 6 | 5 | and does not exceed | 6 | 11 | 5 | 10 |
| exceeds | 6 | 11 | 5 10 for the first 6s. 11d. and 5d. for every 6d. or part of 6d. over 6s. 11d. | ||||
Section 18.
1(1)Purchase tax in respect of a road vehicle chassis shall be chargeable on the wholesale value of the chassis complete but without additions, and for the purposes of section twenty-one of the Finance (No. 2) Act, 1940 (which relates to the determination of wholesale value), any chassis in respect of which tax is chargeable shall be assumed to be in that state.
(2)The following shall be deemed to be additions to a chassis for the purposes of this paragraph, namely—
(a)a driver's cab;
(b)accumulators used for the purpose of the supply of power for propulsion;
(c)in the case of a chassis for a tractor or locomotive designed for use as a component of a composite vehicle, a turntable, coupling gear or equivalent mechanism.
(3)Subject to the last foregoing sub-paragraph, it shall be for the Commissioners to determine for any chassis or type of chassis what parts and accessories are, for the purposes of this paragraph, to be deemed to belong to a complete chassis or to be additions thereto, and what type of any part or accessory deemed to belong to a complete chassis a chassis lacking that part or accessory is to be treated for those purposes as having.
(4)In exercising their powers under the last foregoing sub-paragraph, the Commissioners shall wherever practicable have regard to any standard commercial specification for the type of chassis in question.
2The fitting to a road vehicle chassis of items deemed to be additions thereto for the purposes of the foregoing paragraph shall not be treated as the application of a chargeable process.
3(1)In relation to road vehicle chassis, the enactments relating to purchase tax shall have effect as if—
(a)any dealing with a goods vehicle (and in particular any purchase, appropriation or application, or importation thereof) were a dealing with the vehicle's chassis; and
(b)goods vehicles were chargeable goods for the purposes of any reference to a business of, or a business including, the selling, or the letting out on hire, of chargeable goods;
and the fact that a chassis forms part of a vehicle shall not affect the operation in relation to the chassis of references in the said enactments to goods resulting from the application of a process, if when the process is completed the vehicle is a goods vehicle.
(2)In this paragraph the expression "goods vehicle" means a mechanically propelled road vehicle constructed or adapted for use for the carriage or haulage of goods or burden of any description not forming part of the vehicle or necessary for its propulsion or equipment, but does not include—
(a)vehicles which are chargeable goods under Group 35 in Part I of the Eighth Schedule to the Finance Act, 1948;
(b)vehicles which are constructed or adapted mainly for the carriage of passengers but are exempt from purchase tax under paragraph (c) of that Group;
(c)vehicles of the following descriptions which are designed and permanently fitted solely or mainly for a function other than the carriage of passengers or goods—
(i)mobile cinemas, sound film production vehicles, television production vehicles and recording vans;
(ii)mobile canteens and shops, mobile clinics and travelling libraries;
(iii)mobile printing presses and other mobile workshops;
(iv)hearses;
(v)gully emptiers, road cleansing, road watering and refuse collecting vehicles;
(vi)travelling lavatories and wash places;
(vii)breakdown vehicles fitted with a jib crane;
(viii)engineering plant;
(d)tractors and locomotives, except tractors or locomotives designed for use as components of a composite vehicle;
(e)industrial and works trucks designed primarily for use in factories, docks, yards, railway stations or warehouses;
(f)wheeled vehicles which drive through all road wheels and are of less than 30 cwt. unladen weight;
(g)pedestrian controlled vehicles;
(h)caravans.
(3)The Treasury shall have power by order to amend sub-paragraph (2) of this paragraph, and subsections (3) to (6) of section twenty-one of the Finance Act, 1948 (which provide for approval or annulment by the House of Commons and other matters in the case of orders under that section), shall apply to orders under this sub-paragraph as they apply to those orders.
4Where the Commissioners are satisfied—
(a)that purchase tax has become chargeable in respect of a road vehicle chassis;
(b)that the chassis has been used for the construction of a vehicle which is neither a goods vehicle within the meaning of the last foregoing paragraph nor a vehicle falling within paragraph (a) or (d) of sub-paragraph (2) of that paragraph; and
(c)that the chassis has not previously been used for the construction of a vehicle;
the purchase tax chargeable in respect of the chassis shall be remitted or, if it has been paid, shall be repaid.
1(1)This Part of this Schedule applies to vehicles of the following description, that is to say:—
road vehicles constructed or adapted for use for the carriage or haulage of goods or burden of any description not forming part of the vehicle or necessary for its propulsion or equipment, being either mechanically propelled vehicles or vehicles designed for use as components of a composite vehicle which is mechanically propelled, and not being vehicles in respect of which purchase tax has become chargeable nor vehicles of the kinds mentioned in paragraphs (b), (c), (d), (e) and (h) of sub-paragraph (2) of paragraph 3 of Part I of this Schedule;
but applies to a vehicle of that description only where purchase tax would have become chargeable in respect of it if vehicles of that description had been made chargeable goods as from the first day of May, nineteen hundred and fifty.
(2)Any reference in this Part of this Schedule to a prospective liability by virtue of this Act to purchase tax shall be taken as a reference to a prospective liability to purchase tax arising from the charge of purchase tax on certain vehicles which was provided for by a resolution passed by the Committee of Ways and Means of the House of Commons on budget day.
(3)In this Part of this Schedule, the expression " relevant vehicle " means a vehicle to which this Part of this Schedule applies, the expression " budget day " means the eighteenth day of April, nineteen hundred and fifty, and the expression " process of manufacture " has the same meaning as in section sixteen of the Finance Act, 1946.
2Subject to paragraph 5 of this Part of this Schedule, where a relevant vehicle was sold in the course of a business under a purchase made after budget day and before the date of the passing of this Act at a price exceeding the price at which, in the ordinary course of that business, similar vehicles were sold or offered for sale immediately before budget day, the buyer shall be entitled to deduct from the price, or (if he has paid the price) to recover from the seller as money received by him for the use of the buyer, an amount equal to the excess, except in so far as the seller proves that the excess was included in the price by reference to matters other than—
(a)his prospective liability by virtue of this Act to purchase tax in respect of the vehicle; or
(b)any increase attributable to the prospective liability as aforesaid of any other person in the price charged to the seller on a contract made by him after budget day for the purchase of the vehicle or for the application of a process of manufacture resulting in the vehicle.
3Subject as aforesaid, where a relevant vehicle was sold under a purchase made on or before budget day and was delivered under the purchase on or after the first day of May, nineteen hundred and fifty, but before the date of the passing of this Act, and the seller has recovered from the buyer, as an addition to the price, any sum fixed by reference to his prospective liability by virtue of this Act to purchase tax in respect of the vehicle, the buyer shall be entitled to recover that sum from the seller as money received by him for the use of the buyer.
4The two last foregoing paragraphs shall apply where a contract (not being a contract of sale) was made for the application of a process of manufacture resulting in a relevant vehicle, as they would have applied if the contract bad been a contract for the sale of the vehicle to the person to whose order the process is applied by the person applying it to his order, but with the substitution—
(a)in paragraph 2 for the reference to similar vehicles being sold or offered for sale of a reference to contracts for similar operations being made or invited; and
(b)in paragraph 3 for the reference to the vehicle being delivered of a reference to the process being completed.
5(1)Where, in the case of a relevant vehicle, a transaction giving rise to any such prospective liability to purchase tax as is referred to in the foregoing provisions of this Part of this Schedule was one by reason of which purchase tax is chargeable in respect of the vehicle's chassis, any amount which apart from this paragraph might be deducted or recovered under those provisions as referable to that prospective liability, or to an increase of price attributable to that prospective liability , shall be reduced by the amount of the tax so chargeable.
(2)A person shall not be entitled to recover under subsection (2) of section twenty-four of the Finance Act, 1948, any tax in respect of which he is entitled to a reduction under the foregoing sub-paragraph.
Section 36.
1Credit for tax paid under the law of the territory outside the United Kingdom in respect of income arising in that territory shall be allowed against any United Kingdom income tax or profits tax chargeable in respect of that income:
Provided that—
(a)where the territory is the Isle of Man or any of the Channel Islands, the limitation to income arising in the territory shall not apply;
(b)where arrangements with the Government of the territory are for the time being in force by virtue of Part V of the Finance (No. 2) Act, 1945, credit for tax paid under the law of the territory shall not be allowable under this paragraph in the case of any income if any credit for that tax is allowable under those arrangements in the case of that income.
2Profits from or remuneration for personal or professional services performed in the territory shall be deemed to be income arising in the territory for the purpose of the preceding paragraph.
3Where a dividend paid by a company resident in the territory is paid to a company resident in the United Kingdom which controls, directly or indirectly, not less than one half of the voting power in the company paying the dividend, tax paid under the law of the territory by the first mentioned company in respect of its profits shall be taken into account in considering whether any, and if so what, credit is to be allowed in respect of the dividend.
4The following provisions shall, without prejudice to the generality of the last preceding paragraph, have effect where the territory is within the Commonwealth territories—
(a)where the income arising in the territory is an ordinary dividend paid by a company which is resident in the territory, tax paid under the law of the territory by the company in respect of its profits shall be taken into account in considering whether any, and if so what, credit is to be allowed in respect of the dividend; and
(b)where the income arising in the territory is a dividend paid by a company resident in the territory on participating preference shares and represents both a dividend at the fixed rate to which the shares are entitled and an additional participation in profits, sub-paragraph (a) of this paragraph shall apply in relation to so much of the dividend as represents the said additional participation in profits as if that part of the dividend were an ordinary dividend.
1Notwithstanding anything in paragraph 3 of Part I of the Ninth Schedule to the Finance Act, 1947 (which provides that relief by way of credit shall be given only where the person in question is resident in the United Kingdom),—
(a)credit by way of unilateral relief for tax paid under the law of the Isle of Man or any of the Channel Islands may be allowed if the person in question is, for the chargeable accounting period or year of assessment in question, resident either in the United Kingdom or in the Isle of Man or the Channel Islands, as the case may be;
(b)credit by way of unilateral relief for tax paid under the law of any territory in respect of income from an office or employment of profit the duties whereof are performed wholly or mainly in that territory may be allowed against income tax chargeable under Schedule E in respect of that income if the person in question is, for the year of assessment in question, resident either in the United Kingdom or that territory.
2In sub-paragraph (3) of paragraph 7 of the said Part I (which provides that tax which can be allowed as a credit neither against income tax nor against the profits tax shall be allowed as a deduction in computing the amount of the income chargeable to the profits tax), after the words " the amount of the income," where they last occur, there shall, in relation to credit by way of unilateral relief, be deemed to be inserted the words " of the trade or business in question for the chargeable accounting period next following the period on the income of which the foreign tax was paid. "
1Where tax is paid under the law of a territory outside the United Kingdom in respect of income which, for profits tax purposes, is or forms part of the profits for a chargeable accounting period ending at or before the end of March, nineteen hundred and fifty—
(a)credit for the tax so paid shall not be allowed by way of unilateral relief against the profits tax; and
(b)the tax so paid may be deducted in computing the amount of the profits for profits tax purposes notwithstanding that credit (being credit by way of unilateral relief) falls to be allowed therefor against income tax; and
(c)where the income is, for income tax purposes, income of the year 1950-51, sub-paragraph (3) of paragraph 7 of Part I of the Ninth Schedule to the Finance Act, 1947, as modified by paragraph 2 of Part II of this Schedule, shall apply or not apply in relation to so much of the tax so paid as cannot be allowed as a credit against income tax according as the next chargeable accounting period of the trade or business in question does or does not end after the said end of March:
Provided that where the said next chargeable accounting period falls partly before and partly after the said end of March, the tax which would, but for this proviso, go to reduce the amount of the profits for the said next chargeable accounting period shall be apportioned between the two parts of the said next chargeable accounting period, and so much only of that tax as is apportioned to the second part of the period shall go to reduce the profits for that period.
2Where tax is paid under the law of a territory outside the United Kingdom in respect of income which, for profits tax purposes, is or forms part of the profits for a chargeable accounting period falling partly before and partly after the said end of March, the tax so paid shall be apportioned between the two parts of the period, and sub-paragraphs (a) and (b) of paragraph 1 of this Part of this Schedule shall apply in relation to the tax apportioned to the first part of the period as they apply in relation to income which, for profits tax purposes, is or forms part of the profits for a chargeable accounting period ending at or before the said end of March.
3Profits tax for any chargeable accounting period ending at or before the said end of March shall be left out of account in ascertaining, under the proviso to subsection (2) of section thirty-six of this Act, the total amount of the credit by way of unilateral relief which may be allowed in respect of any tax.
4Profits tax for any chargeable accounting period falling partly before and partly after the said end of March shall be apportioned between the two parts of the period and—
(a)the credit by way of unilateral relief to be applied in reducing the amount of the profits tax for that period shall not exceed so much of the profits tax as is apportioned to the second part of the period; and
(b)paragraph 3 of this Part of this Schedule shall apply in relation to so much of the profits tax as is apportioned to the first part of the period as it applies in relation to profits tax for a chargeable accounting period ending at or before the said end of March.
5Any apportionment falling to be made under this Part of this Schedule of—
(a)tax which would, but for the proviso to paragraph 1 thereof, go to reduce profits for a chargeable accounting period falling partly before and partly after the said end of March; or
(b)tax paid under the law of a territory outside the United Kingdom in respect of income which, for profits tax purposes, is or forms part of the profits for any such chargeable accounting period; or
(c)profits tax for any such chargeable accounting period,
shall be made by reference to the number of months or fractions of a month in the two parts of the chargeable accounting period.
Section 43.
1(1)In subsection (1), immediately before paragraph (a), there shall be inserted the words " and the disposition or determination (or any of them if there are more than one) is not excepted by subsection (2) of this section, then ".
(2)In paragraph (a) and in paragraph (b) of subsection (1) for the words " apart from the disposition or determination " there shall be substituted the words " had there been no disposition or determination as aforesaid of that interest and no disposition of any interest expectant upon or subject to that interest ".
2(1)In subsection (2) for the words " the relevant disposition or determination " there shall be substituted the words " a disposition or determination of an interest limited to cease on the death ".
(2)In subsection (2) for the words " the preceding subsection shall not have effect " there shall be substituted the words " the disposition or determination shall be excepted by this subsection ".
(3)In paragraph (a) of subsection, (2) before the word " had " there shall be inserted the words " immediately before the disposition or determination ".
(1)Subject to the provisions of this section, where an interest limited to cease on a death has been disposed of or has determined, whether by surrender, assurance, divesting, forfeiture or in any other manner (except by the expiration of a fixed period at the expiration of which the interest was limited to cease), whether wholly or partly, and whether for value or not, after becoming an interest in possession, and the disposition or determination (or any of them if there are more than one) is not excepted by subsection (2) of this section, then—
(a)if, had there been no disposition or determination as aforesaid of that interest and no disposition of any interest expectant upon or subject to that interest, the property in which the interest subsisted would have passed on the death under section one of the Finance Act, 1894, that property shall be deemed by virtue of this section to be included as to the whole thereof in the property passing on the death; or
(b)if, had there been no disposition or determination as aforesaid of that interest and no disposition of any interest expectant upon or subject to that interest, the property in which the interest subsisted would have been deemed by virtue of paragraph (b) of subsection (1) of section two of the said Act to be included to a particular extent in the property passing on the death, the property in which the interest subsisted shall be deemed by virtue of this section to be included to that extent in the property passing on the death.
(2)Where a disposition or determination of an interest limited to cease on the death was bona fide effected or suffered five years before the death (or, if it was effected or suffered for public or charitable purposes, one year before the death), the disposition or determination shall be excepted by this subsection—
(a)if bona fide possession and enjoyment of the property in which the interest subsisted was assumed immediately thereafter by the person becoming entitled by virtue of or upon the disposition or determination and thenceforward retained to the entire exclusion of the person who immediately before the disposition or determination had the interest and of any benefit to him by contract or otherwise; or
(b)in the case of a partial determination, if the conditions specified in the preceding paragraph were not satisfied by reason only of the retention or enjoyment by the deceased of possession of some part of the property, or of some benefit, by virtue of the provisions of the instrument under which he had the interest;
Provided that nothing in this subsection shall be construed as affecting any charge of estate duty arising otherwise than by virtue of the provisions of the preceding subsection.
Section 50.
| Reference | Short Title | Extent of Repeal |
|---|---|---|
| 2 & 3 Geo. 6. c. 41. | The Finance Act, 1939 | Section ten. |
| 3 & 4 Geo. 6. c. 29. | The Finance Act, 1940 | Section nine. |
| 5 & 6 Geo. 6. c. 21. | The Finance Act, 1942 | Section eight. |
| 6 & 7 Geo. 6. c. 28. | The Finance Act, 1943 | Section eight. |
| 9 & 10 Geo. 6. c. 13. | The Finance (No. 2) Act, 1945 | Section seven. |
| 10 & 11 Geo. 6. c. 35. | The Finance Act, 1947 | Subsections (2) to (4) of section eight. |
| 12, 13 & 14 Geo. 6. c. 89. | The Vehicles (Excise) Act, 1949 | Paragraph (e) of subsection (2) of section four; subsection (4) of section thirty; paragraph 5 of the Third Schedule; paragraph 1 of the Sixth Schedule. |
| Reference | Snort Title | Extent of Repeal |
|---|---|---|
| 39 & 40 Vict. c. 34. | The Customs Consolidation Act, 1876. | As from the coming into force of regulations under section twenty of this Act and subject to any transitional provisions in those regulations, sections one hundred and twenty-one to one hundred and twenty-five. |
| 8 & 9 Geo. 5. c. 40. | The Income Tax Act, 1918. | In paragraph (c) of subsection (3) of section one hundred and three, the words " living with her husband, or a married woman whose husband is not accountable for the payment of say tax charged on her "; section one hundred and seventy-one ; in section two hundred and thirty-seven, in the definition of the expression " incapacitated person " the-words" "married woman"; Rule 16 of the General Rules. |
| 10 & 11 Geo. 5. c. 18. | The Finance Act, 1920 | Section twenty-Eve. |
| 15 & 16 Geo. 5. c. 36. | The Finance Act, 1925 | The proviso to subsection V3) of section fifteen. |
| 17 & 18 Geo. 5. c. 10. | The Finance Act, 1927 | In section forty-six, the words " twenty-five and" and, in Part II of the Fifth Schedule, the amendments of section twenty-five of the Finance Act, 1920. |
| 23 & 24 Geo. 5. c. 19. | The Finance Act, 1933 | Section ten. |
| 25 & 26 Geo. 5. c. 24. | The Finance Act, 1935 | In subsection (4) of section two The words "in the case of imported oils" |
| 1 & 2 Geo. 6. c. 44. | The Finance Act, 1938 | Section one. |
| 7 & 8 Geo. 4. c. 23. | The Finance Act, 1944 | Subsection (2) of section two. |
| 9 & 10 Geo. 4 c. 13. | The Finance (No. 2) Act, 1945. | Section three; paragraphs (a) and (b) of subsection (5) of section eight; the proviso to section eleven. |
| 10 & 11 Geo. 4 c. 35. | The Finance Act, 1947 | Section one except subsection (3); Part II of the Fourth Schedule. |
| 11 & 12 Geo. 6. c. 49. | The Finance Act, 1948 | Subsection (5) of section twenty; in Group 35 in Part I of the Eighth Schedule, sub-paragraphs (i) to (iii) of paragraph (a), except the word 'First' where last occurring. |
| 12, 13 & 14 Geo. 6. c. 47. | The Finance Act, 1949 | Section two and the First Schedule, except as respects any drawback to which the proviso to subsection (1) of section six of this Act applies; section nine, except as respects entertainments held before the appointed day within the meaning of section fourteen of this Act. |
| Short Title | Session and Chapter |
|---|---|
| Sinking Fund Act, 1875 | 38 & 39 Vict. c. 45. |
| Customs Consolidation Act, 1876 | 39 & 40 Vict. c. 36. |
| Stamp Duties Management Act, 1891 | 54 & 55 Vict. c. 38. |
| Stamp Act, 1891 | 54 & 55 Vict. c. 39. |
| Finance Act, 1894 | 57 & 58 Vict. c. 30. |
| Finance Act, 1900 | 63 & 64 Vict. c. 7. |
| Finance (1909-10) Act, 1910 | 10 Edw. 7 & 1 Geo. 5. c. 8. |
| Income Tax Act, 1918 | 8 & 9 Geo. 5. c. 40. |
| Finance Act, 1920 | 10 & 11 Geo. 5. c. 18. |
| Safeguarding of Industries Act, 1921 | 11 & 12 Geo. 5. c. 47. |
| Finance Act, 1923 | 13 & 14 Geo. 5. c. 14. |
| Settled Land Act, 1925 | 15 & 16 Geo. 5. c. 18. |
| Finance Act, 1925 | 15 & 16 Geo. 5. c. 36. |
| Finance Act, 1927 | 17 & 18 Geo. 5. c. 10. |
| Finance Act, 1928 | 18 & 19 Geo. 5. c. 17. |
| Finance Act, 1930 | 20 & 21 Geo. 5. c. 28. |
| Finance (No. 2) Act, 1931 | 21 & 22 Geo. 5. c. 28. |
| Import Duties Act, 1932 | 22 & 23 Geo. 5. c. 8. |
| Finance Act, 1932 | 22 & 23 Geo. 5. c. 25. |
| Ottawa Agreements Act, 1932 | 22 & 23 Geo. 5. c. 53. |
| Finance Act, 1933 | 23 & 24 Geo. 5. c. 19. |
| Finance Act, 1934 | 24 & 25 Geo. 5. c. 32. |
| Finance Act, 1935 | 25 & 26 Geo. 5. c. 24. |
| Finance Act, 1936 | 26 Geo. 5 & 1 Edw. 8. c. 34. |
| Beef and Veal Customs Duties Act, 1937 | 1 Edw. 8 & 1 Geo. 6. c. 8. |
| Finance Act, 1937 | 1 Edw. 8 & 1 Geo. 6. c. 54. |
| Finance Act, 1938 | 1 & 2 Geo. 6. c. 46. |
| Finance Act, 1939 | 2 & 3 Geo. 6. c. 41. |
| Finance (No. 2) Act, 1939 | 2 & 3 Geo. 6. c. 109. |
| Finance Act, 1940 | 3 & 4 Geo. 6. c. 29. |
| Finance (No. 2) Act, 1940 | 3 & 4 Geo. 6. c. 48. |
| Finance Act, 1942 | 5 & 6 Geo. 6. c. 21. |
| Finance Act, 1943 | 6 & 7 Geo. 6. c. 28. |
| Finance Act, 1944 | 7 & 8 Geo. 6. c. 23. |
| Income Tax Act, 1945 | 8 & 9 Geo. 6. c. 32. |
| Finance (No. 2) Act, 1945 | 9 & 10 Geo. 6. c. 13. |
| Finance Act, 1946 | 9 & 10 Geo. 6. c. 64. |
| Finance Act, 1947 | 10 & 11 Geo. 6. c. 35. |
| Crown Proceedings Act, 1947 | 10 & 11 Geo. 6. c. 44. |
| Finance (No. 2) Act, 1947 | 11 & 12 Geo. 6. c. 9. |
| Finance Act, 1948 | 11 & 12 Geo. 6. c. 49. |
| Finance Act, 1949 | 12, 13 & 14 Geo. 6. c. 47. |
| Distribution of German Enemy Property Act, 1949 | 12, 13 & 14 Geo. 6. c. 85. |
| Vehicles (Excise) Act, 1949 | 12, 13 & 14 Geo. 6. c. 89. |