PART IX MISCELLANEOUS AND SUPPLEMENTARY

Interpretation

272 General interpretation.

In this Act, except where the context otherwise requires,—

  • amount” includes value;

  • F8authorised unit trust” means a scheme which is a unit trust scheme for the purposes of F16the Income Tax Acts (see section 1007 of the Income Tax Act 2007) and in the case of which an order under section 243 of the Financial Services and Markets Act 2000 is in force;

  • barrister” includes a member of the Faculty of Advocates;

  • the Board” means the Commissioners of Inland Revenue;

  • F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F31“commencement” of a settlement has the meaning given by section 48A;

  • conditionally exempt transfer” shall be construed in accordance with section 30(2) above;

  • F12disabled person's interest” has the meaning given by section 89B above;

  • disposition” includes a disposition effected by associated operations;

  • estate” shall be construed in accordance with sections 5, 55 and 151(4) above;

  • estate duty” includes estate duty under the law of Northern Ireland;

  • excluded property” shall be construed in accordance with sections 6 and 48 above F26and Schedule A1 ;

  • F28foreign-owned”, in relation to property at any time, means property—

    1. (a)

      in the case of which the person beneficially entitled to it is at that time domiciled outside the United Kingdom, or

    2. (b)

      if the property is comprised in a settlement, in the case of which the settlor—

      1. (i)

        is not a formerly domiciled resident for the tax year in which that time falls, and

      2. (ii)

        was domiciled outside the United Kingdom when the property became comprised in the settlement F29(and section 64(1BA) applies for the purposes of this sub-paragraph as it applies for the purposes of section 64(1B));

  • F30formerly domiciled resident”, in relation to a tax year, means a person—

    1. (a)

      who was born in the United Kingdom,

    2. (b)

      whose domicile of origin was in the United Kingdom,

    3. (c)

      who was resident in the United Kingdom for that tax year, and

    4. (d)

      who was resident in the United Kingdom for at least one of the two tax years immediately preceding that tax year;

  • Government department” includes a Northern Ireland department;

  • heritable security” means any security capable of being constituted over any interest in land by disposition or assignation of that interest in security of any debt and of being recorded in the General Register of Sasines;

  • F20HMRC” means Her Majesty's Revenue and Customs;

  • F13immediate post-death interest” means an immediate post-death interest for the purposes of Chapter 2 of Part 3 (see section 49A above);

  • incumbrance” includes any heritable security, or other debt or payment secured upon heritage;

  • Inland Revenue charge” means a charge imposed by virtue of section 237 above;

  • land” does not include any estate interest or right by way of mortgage or other security;

  • local authority” has the meaning given by F25section 1130 of the Corporation Tax Act 2010;

  • F15member”, in relation to a registered pension scheme, has the same meaning as in Part 4 of the Finance Act 2004 (see section 151 of that Act);

  • mortgage” includes a heritable security and a security constituted over any interest in movable property;

  • F18nil-rate band maximum” has the meaning given by section 8A(7);

  • F9open-ended investment company” means an open-ended investment company within the meaning given by section 236 of the Financial Services and Markets Act 2000 which is incorporated in the United Kingdom;

  • personal representatives” includes any person by whom or on whose behalf an application for a grant of administration or for the resealing of a grant made outside the United Kingdom is made, and any such person as mentioned in section 199(4)(a) above;

  • property” includes rights and interests of any description F1but does not include a settlement power;

  • F23public display” means display to which the public are admitted, on payment or not, but does not include display with a view to sale;

  • purchaser” means a purchaser in good faith for consideration in money or money’s worth other than a nominal consideration and includes a lessee, mortgagee or other person who for such consideration acquires an interest in the property in question;

  • F2quoted”, in relation to any shares or securities, means F3listed on a recognised stock exchange or dealt in on the Unlisted Securities Market and “unquoted”, in relation to any shares or securities, means neither so F3listed nor so dealt in;

  • F10registered pension scheme” has the same meaning as in Part 4 of the Finance Act 2004;

  • reversionary interest” has the meaning given by section 47 above;

  • F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F11section 615(3) scheme” means a superannuation fund to which section 615(3)of the Taxes Act 1988 applies;

  • F4settlement power” has the meaning given by section 47A above;

  • settlement” and “settled property” shall be construed in accordance with section 43 above;

  • settlor” shall be construed in accordance with section 44 above;

  • F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F17step-child”, in relation to a civil partner, shall be construed in accordance with section 246 of the Civil Partnership Act 2004;

  • tax” means F2inheritance tax;

  • F14transitional serial interest” means a transitional serial interest for the purposes of Chapter 2 of Part 3 (see section 49B above);

  • the Taxes Act F51970” means the M1Income and Corporation Taxes Act 1970;

  • F6The Taxes Act 1988” means the Income and Corporation Taxes Act 1988;

  • F21the TCEA 2007” means the Tribunals, Courts and Enforcement Act 2007;

  • F22the tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal,

  • trustee” shall be construed in accordance with section 45 above;F7and

  • the 1992 Act” means the Taxation of Chargeable Gains Act 1992.