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Revised Statute from The UK Statute Law Database

Inheritance Tax Act 1984 (c. 51)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Inheritance Tax Act 1984

1984 CHAPTER 51

Contents

Go to Preamble

  1. PART I

    GENERAL

    1. Main charges and definitions

      1. 1. Charge on transfers

      2. 2. Chargeable transfers and exempt transfers

      3. 3. Transfers of value

      4. 3A. Potentially exempt transfers

      5. 4. Transfers on death

      6. 5. Meaning of estate

      7. 6. Excluded property

    2. Rates

      1. 7. Rates

      2. 8. Indexation of rate bands

      3. 9. Transitional provisions on reduction of tax

    3. Dispositions that are not transfers of value

      1. 10. Dispositions not intended to confer gratuitous benefit

      2. 11. Dispositions for maintenance of family

      3. 12. Dispositions allowable for income tax or conferring under pension scheme

      4. 13. Dispositions by close companies for benefit of employees

      5. 14. Waiver of remuneration

      6. 15. Waiver of dividends

      7. 16. Grant of tenancies of agricultural property

      8. 17. Changes in distribution of deceased’s estate, etc

  2. PART II

    EXEMPT TRANSFERS

    1. CHAPTER I

      GENERAL

      1. 18. Transfers between spouses or civil partners

      2. 19. Annual exemption

      3. 20. Small gifts

      4. 21. Normal expenditure out of income

      5. 22. Gifts in consideration of marriage or civil partnership

      6. 23. Gifts to charities

      7. 24. Gifts to political parties

      8. 24A. Gifts to housing associations

      9. 25. Gifts for national purposes, etc

      10. 26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      11. 26A. Potentially exempt transfer of property subsequently held for national purposes etc

      12. 27. Maintenance funds for historic buildings, etc

      13. 28. Employee trusts

      14. 29. Loans—modifications of exemptions

      15. 29A. Abatement of exemption where claim settled out of beneficiary’s own resources

    2. CHAPTER II

      CONDITIONAL EXEMPTION

      1. 30. Conditionally exempt transfers

      2. 31. Designation and undertakings

      3. 32. Chargeable events

      4. 32A. Associated properties

      5. 33. Amount of charge under section 32

      6. 34. Reinstatement of transferor’s cumulative total

      7. 35. Conditional exemption on death before 7th April 1976

      8. 35A. Variation of undertakings

    3. CHAPTER III

      ALLOCATION OF EXEMPTIONS

      1. 36. Preliminary

      2. 37. Abatement of gifts

      3. 38. Attribution of value to specific gifts

      4. 39. Attribution of value to residuary gifts

      5. 39A. Operation of sections 38 and 39 in cases of business or agricultural relief

      6. 40. Gifts made separately out of different funds

      7. 41. Burden of tax

      8. 42. Supplementary

  3. PART III

    SETTLED PROPERTY

    1. CHAPTER I

      PRELIMINARY

      1. 43. Settlement and related expressions

      2. 44. Settlor

      3. 45. Trustee

      4. 46. Interest in possession: Scotland

      5. 46A.Contract of life insurance entered into before 22nd March 2006 which on that day is settled property in which interest in possession subsists

      6. 46B.Contract of life insurance entered into before 22nd March 2006 which immediately before that day is property to which section 71 applies

      7. 47A. Settlement power

      8. 48. Excluded property

    2. CHAPTER II

      INTERESTS IN POSSESSION, REVERSIONARY INTERESTS AND SETTLEMENT POWERS

      1. 49. Treatment of interests in possession

      2. 49A.Immediate post-death interest

      3. 49B.Transitional serial interests

      4. 49C.Transitional serial interest: interest to which person becomes entitled during period 22nd March 2006 to 5th April 2008

      5. 49D.Transitional serial interest: interest to which person becomes entitled on death of spouse or civil partner on or after 6th April 2008

      6. 49E.Transitional serial interest: contracts of life insurance

      7. 50. Interests in part, etc

      8. 51. Disposal of interest in possession

      9. 52. Charge on termination of interest in possession

      10. 53. Exceptions from charge under section 52

      11. 54. Exceptions from charge on death

      12. 54A. Special rate of charge where settled property affected by potentially exempt transfer

      13. 54B. Provisions supplementary to section 54A

      14. 55A. Purchased settlement powers

      15. 56. Exclusion of certain exemptions

      16. 57. Application of certain exemptions

      17. 57A. Relief where property enters maintenance fund

    3. CHAPTER III

      SETTLEMENTS WITHOUT INTERESTS IN POSSESSION , AND CERTAIN SETTLEMENTS IN WHICH INTERESTS IN POSSESSION SUBSIST

      1. Interpretation

        1. 58. Relevant property

        2. 59. Qualifying interest in possession

        3. 60. Commencement of settlement

        4. 61. Ten-year anniversary

        5. 62. Related settlements

        6. 63. Minor interpretative provisions

      2. Principal charge to tax

        1. 64. Charge at ten-year anniversary

        2. 65. Charge at other times

      3. Rates of principal charge

        1. 66. Rate of ten-yearly charge

        2. 67. Added property, etc

        3. 68. Rate before first ten-year anniversary

        4. 69. Rate between ten-year anniversaries

      4. Special cases—charges to tax

        1. 70. Property leaving temporary charitable trusts

        2. 71. Accumulation and maintenance trusts

        3. 71A.Trusts for bereaved minors

        4. 71B.Charge to tax on property to which section 71A applies

        5. 71C.Sections 71A and 71B: meaning of “bereaved minor”

        6. 71D.Age 18-to-25 trusts

        7. 71E.Charge to tax on property to which section 71D applies

        8. 71F.Calculation of tax charged under section 71E in certain cases

        9. 71G.Calculation of tax charged under section 71E in all other cases

        10. 71H.Sections 71A to 71G: meaning of “parent”

        11. 72. Property leaving employee trusts and newspaper trusts

        12. 73. Pre-1978 protective trusts

        13. 74. Pre-1981 trusts for disabled persons

      5. Special cases—reliefs

        1. 75. Property becoming subject to employee trusts

        2. 76. Property becoming held for charitable purposes, etc

      6. Works of art, historic buildings, etc

        1. 77. Maintenance funds for historic buildings, etc

        2. 78. Conditionally exempt occasions

        3. 79. Exemption from ten-yearly charge

        4. 79A. Variation of undertakings

      7. Miscellaneous

        1. 80. Initial interest of settlor or spouse or civil partner

        2. 81. Property moving between settlements

        3. 82. Excluded property

        4. 83. Property becoming settled on a death

        5. 84. Income applied for charitable purposes

        6. 85. Credit for annual charges under Finance Act 1975

    4. CHAPTER IV

      MISCELLANEOUS

      1. 86. Trusts for benefit of employees

      2. 87. Newspaper trusts

      3. 88. Protective trusts

      4. 89. Trusts for disabled persons

      5. 89A.Self-settlement by person with condition expected to lead to disability

      6. 89B.Meaning of “disabled person's interest”

      7. 90. Trustees’ annuities, etc

      8. 91. Administration period

      9. 92. Survivorship clauses

      10. 93. Disclaimers

  4. PART IV

    CLOSE COMPANIES

    1. Transfers by close companies

      1. 94. Charge on participators

      2. 95. Participator in two companies

      3. 96. Preference shares disregarded

      4. 97. Transfers within group, etc

    2. Alterations of capital, etc

      1. 98. Effect of alterations of capital, etc

    3. Settled property

      1. 99. Transfers where participators are trustees

      2. 100. Alterations of capital, etc. where participators are trustees

      3. 101. Companies interests in settled property

    4. General

      1. 102. Interpretation

  5. PART V

    MISCELLANEOUS RELIEFS

    1. CHAPTER I

      BUSINESS PROPERTY

      1. 103.

      2. 104. The relief

      3. 105. Relevant business property

      4. 106. Minimum period of ownership

      5. 107. Replacements

      6. 108. Successions

      7. 109. Successive transfers

      8. 109A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. 110. Value of business

      10. 111. Value of certain shares and securities

      11. 112. Exclusion of value of excepted assets

      12. 113. Contracts for sale

      13. 113A. Transfers within seven years before death of transferor

      14. 113B. Application of section 113A to replacement property

      15. 114. Avoidance of double relief

    2. CHAPTER II

      AGRICULTURAL PROPERTY

      1. 115. Preliminary

      2. 116. The relief

      3. 117. Minimum period of occupation or ownership

      4. 118. Replacements

      5. 119. Occupation by company or partnership

      6. 120. Successions

      7. 121. Successive transfers

      8. 122. Agricultural property of companies

      9. 123. Provisions supplementary to section 122

      10. 124. Contracts for sale

      11. 124A. Transfers within seven years before death of transferor

      12. 124B. Application of section 124A to replacement property

      13. 124C. Land in habitat schemes

    3. CHAPTER III

      WOODLANDS

      1. 125. The relief

      2. 126. Charge to tax on disposal of trees or underwood

      3. 127. Amount subject to charge

      4. 128. Rate of charge

      5. 129. Credit for tax charged

      6. 130. Interpretation

    4. CHAPTER IV

      TRANSFERS WITHIN THREE YEARS BEFORE DEATH

      1. 131. The relief

      2. 132. Wasting assets

      3. 133. Shares—capital receipts

      4. 134. Payments of calls

      5. 135. Reorganisation of share capital, etc

      6. 136. Transactions of close companies

      7. 137. Interests in land

      8. 138. Leases

      9. 139. Other property

      10. 140. Interpretation

    5. CHAPTER V

      MISCELLANEOUS

      1. Successive charges

        1. 141. Two or more transfers within five years

      2. Changes in distribution of deceased’s estate, etc

        1. 142. Alteration of dispositions taking effect on death

        2. 143. Compliance with testator’s request

        3. 144. Distribution etc. from property settled by will

        4. 145. Redemption of surviving spouse’s or civil partner's life interest

        5. 146. Inheritance (Provision for Family and Dependants) Act 1975

        6. 147. Scotland; legitim. etc

      3. Mutual and voidable transfers

        1. 148, 149... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 150. Voidable transfers

      4. Pension schemes, etc

        1. 151. Treatment of pension rights, etc

        2. 151A.Person dying with alternatively secured pension fund

        3. 151B.Relevant dependant with pension fund inherited from member over 75

        4. 151BA.Rate or rates of charge under section 151B

        5. 151C.Dependant dying with other pension fund

        6. 152. Cash options

        7. 153. Overseas pensions

      5. Armed forces

        1. 154. Death on active service, etc

        2. 155. Visiting forces, etc

      6. Apsley House and Chevening Estate

        1. 156. Apsley House and Chevening Estate

      7. Non-residents’ bank accounts

        1. 157. Non-residents’ bank accounts

      8. Double taxation relief

        1. 158. Double taxation conventions

        2. 159. Unilateral relief

  6. PART VI

    VALUATION

    1. CHAPTER I

      GENERAL

      1. 160. Market value

      2. 161. Related property

      3. 162. Liabilities

      4. 163. Restriction on freedom to dispose

      5. 164. Transferor’s expenses

      6. 165. Tax on capital gains

      7. 166. Creditors’ rights

      8. 167. Life policies, etc

      9. 168. Unquoted shares and securities

      10. 169. Farm cottages

      11. 170. Leases for life, etc

    2. CHAPTER II

      ESTATE ON DEATH

      1. 171. Changes occurring on death

      2. 172. Funeral expenses

      3. 173. Expenses incurred abroad

      4. 174. Income tax and unpaid inheritance tax

      5. 175. Liability to make future payments, etc

      6. 176. Related property etc.—sales

      7. 177. Scottish agricultural leases

    3. CHAPTER III

      SALE OF SHARES ETC. FROM DECEASED’S ESTATE

      1. 178. Preliminary

      2. 179. The relief

      3. 180. Effect of purchases

      4. 181. Capital receipts

      5. 182. Payment of calls

      6. 183. Changes in holdings

      7. 184. Exchanges

      8. 185. Acquisition of like investments

      9. 186. Value of part of a fund

      10. 186A. Cancelled investments

      11. 186B.Suspended investments

      12. 187. Attribution of values to specific investments

      13. 188. Limitation of loss on sale

      14. 189. Date of sale or purchase

    4. CHAPTER IV

      SALE OF LAND FROM DECEASED’S ESTATE

      1. 190. Preliminary

      2. 191. The relief

      3. 192. Effect of purchases

      4. 193. Changes between death and sale

      5. 194. Leases

      6. 195. Valuation by reference to other interests

      7. 196. Sales to beneficiaries etc. and exchanges

      8. 197. Compulsory acquisition more than three years after death

      9. 197A. Sales in fourth year after death

      10. 198. Date of sale or purchase

  7. PART VII

    LIABILITY

    1. General rules

      1. 199. Dispositions by transferor

      2. 200. Transfer on death

      3. 201. Settled property

      4. 202. Close companies

      5. 203. Liability of spouse or civil partner

      6. 204. Limitation of liability

      7. 205. More than one person liable

    2. Special cases

      1. 206.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 207. Conditional exemption, etc

      3. 208. Woodlands

      4. 209. Succession in Scotland

      5. 210. Pension rights, etc

    3. Burden of tax, etc

      1. 211. Burden of tax on death

      2. 212. Powers to raise tax

      3. 213. Refund by instalments

      4. 214. Certificates of tax paid

  8. PART VIII

    ADMINISTRATION AND COLLECTION

    1. Management

      1. 215. General

    2. Accounts and information

      1. 216. Delivery of accounts

      2. 217. Defective accounts

      3. 218A. Instruments varying dispositions taking effect on death

      4. 219. Power to require information

      5. 219A. Power to call for documents etc

      6. 219B. Appeal against requirement to produce documents etc

      7. 220. Inspection of property

      8. 220A. Exchange of information with other countries

    3. Determinations and appeals

      1. 221. Notices of determination

      2. 222. Appeals against determinations

      3. 223. Appeals out of time

      4. 224. Procedure before Special Commissioners

      5. 225. Appeals from Special Commissioners

      6. 225A.Extension of regulation-making powers

    4. Payment

      1. 226. Payment: general rules

      2. 227. Payment by instalments—land, shares and businesses

      3. 228. Shares, etc. within section 227

      4. 229. Payment by instalments—woodlands

      5. 230. Acceptance of property in satisfaction of tax

      6. 231. Powers to transfer property in satisfaction of tax

      7. 232. Administration actions

    5. Interest

      1. 233. Interest on unpaid tax

      2. 234. Interest on instalments

      3. 235. Interest on overpaid tax

      4. 236. Special cases

    6. Inland Revenue charge for unpaid tax

      1. 237. Imposition of charge

      2. 238. Effect of purchases

    7. Certificates of discharge

      1. 239. Certificates of discharge

    8. Adjustments

      1. 240. Underpayments

      2. 241. Overpayments

    9. Recovery of tax

      1. 242. Recovery of tax

      2. 243. Scotland: recovery of tax in sheriff court

      3. 244. Rights to address court

    10. Penalties

      1. 245. Failure to deliver accounts

      2. 245A. Failure to provide information etc

      3. 246.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 247. Provision of incorrect information

      5. 248. Failure to remedy errors

      6. 249. Recovery of penalties

      7. 250. Time limit for recovery

      8. 251. Appeals against summary determination of penalties

      9. 252. Effect of award by Special Commissioners

      10. 253. Mitigation of penalties

    11. Miscellaneous

      1. 254. Evidence

      2. 255. Determination of questions on previous view of law

      3. 256. Regulations about accounts, etc

      4. 257. Form etc. of accounts

      5. 258. Service of documents

      6. 259. Inspection of records

      7. 260. Inland Revenue Regulation Act 1890

      8. 261. Scotland inventories

  9. PART IX

    MISCELLANEOUS AND SUPPLEMENTARY

    1. Miscellaneous

      1. 262. Tax chargeable in certain cases of future payments, etc

      2. 263. Annuity purchased in conjunction with life policy

      3. 264. Transfers reported late

      4. 265. Chargeable transfers affecting more than one property

      5. 266. More than one chargeable transfer on one day

      6. 267. Persons treated as domiciled in United Kingdom

      7. 267A. Limited liability partnerships

    2. Interpretation

      1. 268. Associated operations

      2. 269. Control of company

      3. 270. Connected persons

      4. 271. Property of corporations sole

      5. 272. General interpretation

    3. Supplementary

      1. 273. Transition from estate duty

      2. 274. Commencement

      3. 275. Continuity, and construction of references to old and new law

      4. 276. Consequential amendments

      5. 277. Repeals

      6. 278. Short title

  10. SCHEDULE 1

  11. SCHEDULE 2

    PROVISIONS APPLYING ON REDUCTION OF TAX

  12. SCHEDULE 3

    GIFTS FOR NATIONAL PURPOSES, ETC

  13. SCHEDULE 4

    MAINTENANCE FUNDS FOR HISTORIC BUILDINGS, ETC

  14. SCHEDULE 5

    CONDITIONAL EXEMPTION: DEATHS BEFORE 7TH APRIL 1976

  15. SCHEDULE 6

    TRANSITION FROM ESTATE DUTY

  16. SCHEDULE 7

    COMMENCEMENT: SUPPLEMENTARY RULES

  17. SCHEDULE 8

    CONSEQUENTIAL AMENDMENTS

  18. SCHEDULE 9

    REPEALS

An Act to consolidate provisions of Part III of the Finance Act 1975 and other enactments relating to[F1 inheritance tax].

[31st July 1984]X1X2

Annotations:

Amendments (Textual)

F1

By Finance Act 1986 s. 100(1),on and after 25July 1986the Capital Transfer Tax Act 1984may be cited as the Inheritance Tax Act 1984.

Modifications etc. (not altering text)

C1Act: for the words "Supreme Court Act 1981" wherever they occur there is substituted (prosp.) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2) [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]

C2Act modified (1.11.2004 with effect as mentioned in reg. 1 of the amending S.I.) by The Inheritance Tax (Delivery of Accounts) (Excepted Estates) Regulations 2004 (S.I. 2004/2543), reg. 7(2)

C3Act modified (with effect in accordance with s. 195(12) of the amending Act) by Finance Act 2003 (c. 14), s. 195

C4

By Finance Act 1986 s. 100(1),on and after 25July 1986the Capital Transfer Tax Act 1984may be cited as the Inheritance Tax Act 1984.

C5Act amended (1.5.1995 with effect in relation to transfers of value or other events occuring on or after 6.4.1995) by 1995 c. 4, s. 154(2)(3)(5)

Act modified (31.7.1998 with effect as mentioned in s. 161 of the amending Act) by 1998 c. 36, s. 161(2)(c)

Commencement Information

I1Act wholly in force at 1.1.1985 see s. 274(1).

Editorial Information

X1A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

X2This Act is based on material edited by the Inland Revenue and the style of editing for effects prior to 1.2.1991 differs from most Acts on the Statute Law Database.

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