(1)In determining for the purposes of this Act the value of the estate immediately before his death of a person to whom this section applies there shall be left out of account the balance on—
(a)any qualifying foreign currency account of his, and
(b)subject to subsection (3) below, any qualifying foreign currency account of the trustees of settled property in which he is beneficially entitled to an interest in possession.
[F1(2)This section applies to a person who is not domiciled and not resident in the United Kingdom immediately before his death.]
(3)Subsection (1)(b) above does not apply in relation to settled property if the settlor was domiciled in the United Kingdom when he made the settlement, or if the trustees are domiciled, [F2or resident] in the United Kingdom immediately before the beneficiary’s death.
(4)For the purposes of this section—
(a)the question whether a person is resident F3... in the United Kingdom shall, subject to paragraph (b) below, be determined as for the purposes of income tax; but
(b)the trustees of a settlement shall be regarded as not resident F4... 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 resident F4... there.
(5)In this section “qualifying foreign currency account” means a foreign currency account with [F5a bank F6...]; and for this purpose—
(a)“foreign currency account” means any account other than one denominated in sterling, F7. . .
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(6)In this section “bank” has the meaning given by [F9section 991 of the Income Tax Act 2007].]
Textual Amendments
F1S. 157(2) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 46 para. 118(2) (with Sch. 46 para. 118(5))
F2Words in s. 157(3) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 46 para. 118(3) (with Sch. 46 para. 118(5))
F3Words in s. 157(4)(a) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 118(4)(a) (with Sch. 46 para. 118(5))
F4Words in s. 157(4)(b) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 118(4)(b) (with Sch. 46 para. 118(5))
F5Words in s. 157(5) substituted (29.4.1996 with effect in relation to deaths occurring on or after 29.4.1996) by 1996 c. 8, s. 198, Sch. 37 para. 12(1)(3)
F6Words in s. 157(5) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(4))
F7S. 157(5)(b) and the preceding “and” repealed (29.4.1996 with effect as mentioned in Sch. 37 of the amending Act) by 1996 c. 8, s. 205, Sch. 41 Pt. VIII(2), note
F8S. 157(6) inserted (29.4.1996 with effect in relation to deaths occurring on or after 29.4.1996) by 1996 c. 8, s. 198, Sch. 37 para. 12(2)(3)
F9Words in s. 157(6) substituted (with effect as mentioned in s. 1034 of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 269 (with transitional provisions and savings in Sch. 2)