158 Double taxation conventions.U.K.
(1)If Her Majesty by Order in Council declares—
(a)that arrangements specified in the Order have been made with the government of any territory outside the United Kingdom with a view to affording relief from double taxation in relation to [F1inheritance tax] payable under the laws of the United Kingdom and any tax imposed under the laws of that territory which is of a similar character or is chargeable on or by reference to death or gifts inter vivos, and
(b)that it is expedient that those arrangements should have effect;
the arrangements shall, notwithstanding anything in this Act, have effect so far as they provide for relief from [F2inheritance tax], or for determining the place where any property is to be treated as situated for the purposes of the tax.
[F3(1ZA)For the purposes of this section, arrangements made with a view to affording relief from double taxation include any arrangements which modify the effect of arrangements so made.
(1ZB)Arrangements to which effect is given under this section may include provision conferring (with or without other functions) functions relating to the determination of matters arising under the arrangements on a public authority in the United Kingdom or in a territory outside the United Kingdom.]
[F4(1A)Without prejudice to the generality of subsection (1) above, if it appears to Her Majesty to be appropriate, the arrangements specified in an Order in Council under this section may include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of the territory to which the arrangements relate concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and where arrangements do include any such provisions, the declaration in the Order in Council shall state that fact.]
(2)Any arrangements to which effect is given under this section may include provision for relief in cases occurring before the making of the arrangements and provisions as to property which is not itself subject to double taxation.
(3)Any Order in Council under this section which revokes an earlier Order may contain such transitional provisions as appear to Her Majesty to be necessary or expedient.
(4)An Order under this section shall not be submitted to Her Majesty in Council unless a draft of it has been laid before, and approved by resolution of, the House of Commons.
(5)Where any arrangements have effect by virtue of this section, no obligation as to secrecy shall prevent the Board or an authorised officer of the Board from disclosing to any authorised officer of the government with which the arrangements are made such information as is required to be disclosed under the arrangements.
(6)Where arrangements with the government of any territory outside the United Kingdom are specified under any Order in Council which—
(a)was made, or has effect as made, under section 54 of the M1Finance (No.2) Act 1945 or section 2 of the M2Finance Act (Northern Ireland) 1946, and
(b)had effect immediately before the passing of this Act,
the Order shall notwithstanding the repeal of that section by the M3Finance Act 1975, remain in force and have effect as if any provision made by those arrangements in relation to estate duty extended to [F5inheritance tax] chargeable by virtue of section 4 above; but the Order may be amended or revoked by an Order in Council made under this section.
Textual Amendments
F1 See Finance Act 1986 s. 100(1) and (2)— for any liability to tax arising on and after 25 July 1986 any reference in the legislation to capital transfer tax has effect as a reference to inheritance tax.
F2 See Finance Act 1986 s. 100(1) and (2)— for any liability to tax arising on and after 25 July 1986 any reference in the legislation to capital transfer tax has effect as a reference to inheritance tax.
F3S. 158(1ZA)(1ZB) inserted (retrospectively and with application in accordance with s. 32(6)) by Finance Act 2018 (c. 3), s. 32(3)(4)
F4Finance Act 1987 s. 70(2), with effect from 15May 1987.
F5 See Finance Act 1986 s. 100(1) and (2)— for any liability to tax arising on and after 25July 1986 any reference in the legislation to capital transfer tax has effect as a reference to inheritance tax.
Marginal Citations