PART IV

Capital Transfer Tax
CHAPTER II

Settlements Without Interests in Possession

Rates of principal charge

Rate between ten-year anniversaries
112
1
Subject to subsection (2) below, the rate at which tax is charged under section 108 above on an occasion following one or more ten-year anniversaries after the settlement's commencement shall be the appropriate fraction of the rate at which it was last charged under section 107 (or would have been charged apart from section 109(2)).
2
If at any time before the occasion of the charge under section 108 and on or after the most recent ten-year anniversary—
a
property has become comprised in the settlement; or
b
property which was comprised in the settlement immediately before the anniversary, but was not then relevant property, has become relevant property,
then, whether or not the property has remained comprised in the settlement or has remained relevant property, the rate at which tax is charged under section 108 shall be the appropriate fraction of the rate at which it would last have been charged under section 107 (apart from section 109(2)) if immediately before that anniversary the property had been relevant property comprised in the settlement with a value determined in accordance with subsection (3) below.
3
In the case of property within subsection (2) (a) above which either—
a
was relevant property immediately after it became prised in the settlement; or
b
was not then relevant property and has not subsequently become relevant property while remaining comprised in the settlement,
the value to be attributed to it for the purposes of subsection (2) above is its value immediately after it became comprised in the settlement; and in any other case the value to be so attributed is the value of the property when it became (or last became) relevant property.
4
For the purposes of this section the appropriate fraction is so many fortieths as there are complete successive quarters in the period beginning with the most recent ten-year anniversary and ending with the day before the occasion of the charge; but subsection (3) of section 111 above shall have effect for the purposes of this subsection as it has effect for the purposes of subsection (2) of that section.