Inheritance Tax Act 1984

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

(1) Schedule 5 to this Act shall have effect with respect to certain cases where, by virtue of sections 31 to 34 of the M1 Finance Act 1975, the value of any property was left out of account in determining the value transferred on a death before 7th April 1976.

(2) Where there has been a transfer of value in relation to which the value of any property has been left out of account under the provisions of sections 31 to 34 of the Finance Act 1975 and, before any tax has become chargeable in respect of that property under those provisions, there is a conditionally exempt transfer of that property, then, on the occurrence of a chargeable event in respect of that property—

[F1 (a) tax shall be chargeable under section 32 or 32A (as the case may be), or

(b) tax shall be chargeable under Schedule 5,]

(3) In [F2 sections 33(7) and (8) above, references] to a conditionally exempt transfer of any property [F3 include references] to a transfer of value in relation to which the value of any property has been left out of account under the provisions of sections 31 to 34 of the Finance Act 1975 and, in relation to such property, references to a chargeable event or to the tax chargeable in accordance with section 33 above by reference to a chargeable event include references to an event on the occurrence of which tax becomes chargeable under Schedule 5 to this Act, or to the tax so chargeable.

Textual Amendments

F1 S. 35(2)(a)(b) substituted (with effect in accordance with s. 97(8) of the amending Act) by Finance Act 2016 (c. 24), s. 97(6)

F2 Finance Act 1986 Sch. 19 para. 12,with effect from 18March 1986.Originally

“section 33(7) above, the reference”.

F3 Finance Act 1986 Sch. 19 para. 12,with effect from 18March 1986.Originally

“includes a reference”.

Marginal Citations

M1 1975 c. 7.