Finance Act 2004

Election for application of inheritance tax provisions

22 (1) This paragraph applies where—

(a) a person (“the chargeable person”) would (apart from this paragraph) be chargeable under paragraph 8 (intangible property) for any year of assessment (“the initial year”) by reference to any property (“the relevant property”), and

(b) he has not been chargeable under that paragraph in respect of any previous year of assessment by reference to the relevant property or any property which the relevant property represents or is derived from.

(2) The chargeable person may elect in accordance with paragraph 23 that—

(a) the preceding provisions of this Schedule shall not apply to him during the initial year and subsequent years of assessment by reference to the relevant property or any property which represents or is derived from the relevant property, but

(b) so long as the conditions in sub-paragraph (3) are satisfied—

(i) the relevant property and any property which represents or is derived from the relevant property shall be treated for the purposes of Part 5 of the 1986 Act (in relation to the chargeable person) as property subject to a reservation, and

(ii) section 102(3) and (4) of the 1986 Act shall apply.

(3) The conditions referred to in sub-paragraph (2)(b) are—

(a) that the relevant property or the property which represents or is derived from the relevant property remains comprised in the settlement, and

(b) that any income arising under the settlement would be treated by virtue of section 660A of the Taxes Act 1988 as income of the chargeable person.