66 Rate of ten-yearly charge.U.K.
(1)Subject to subsection (2) below, the rate at which tax is charged under section 64 above at any time shall be three tenths of the effective rate (that is to say the rate found by expressing the tax chargeable as a percentage of the amount on which it is charged) at which tax would be charged on the value transferred by a chargeable transfer of the description specified in subsection (3) below.
(2)Where the whole or part of the value mentioned in section 64 above is attributable to property which was not relevant property, or was not comprised in the settlement, throughout the period of ten years ending immediately before the ten-year anniversary concerned, the rate at which tax is charged on that value or part shall be reduced by one-fortieth for each of the successive quarters in that period which expired before the property became, or last became, relevant property comprised in the settlement.
[F1(2A)Subsection (2) above does not apply to property which is regarded as relevant property as a result of section 64(1A) (and accordingly that property is charged to tax at the rate given by subsection (1) above).]
(3)The chargeable transfer postulated in subsection (1) above is one—
(a)the value transferred by which is equal to an amount determined in accordance with subsection (4) below;
(b)which is made immediately before the ten-year anniversary concerned by a transferor who has in the [F2preceding seven years] made chargeable transfers having an aggregate value determined in accordance with subsection (5) below; and
[F3(c)on which tax is charged in accordance with section 7(2) of this Act].
(4)The amount referred to in subsection (3)(a) above is equal to the aggregate of—
(a)the value on which is charged under section 64 above;
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the value, immediately after a related settlement commenced, of the [F5relevant] property then comprised in it;
[F6(d)the value of any same-day addition; and
(e)where—
(i)an increase in the value of the property comprised in another settlement is represented by the value of a same-day addition aggregated under paragraph (d) above, and
(ii)that other settlement is not a related settlement,
the value immediately after that other settlement commenced of the relevant property then comprised in that other settlement;]
but subject to subsection (6) below.
(5)The aggregate value referred to in subsection (3)(b) above is equal to the aggregate of—
(a)the values transferred by any chargeable transfers made by the settlor in the period of [F7seven] years ending with the day on which the settlement commenced, disregarding transfers made on that day or before 27th March 1974, and
(b)the amounts on which any charges to tax were imposed under section 65 above in respect of the settlement in the ten years before the anniversary concerned;
but subject to subsection (6) and section 67 below.
(6)In relation to a settlement which commenced before 27th March 1974—
(a)subsection (4) above shall have effect with the omission of [F8paragraphs (c) to (e)] ; and
(b)subsection (5) above shall have effect with the omission of paragraph (a);
and where tax is chargeable under section 64 above by reference to the first ten-year anniversary of a settlement which commenced before 9th March 1982, the aggregate mentioned in subsection (5) above shall be increased by the amounts of any distribution payments (determined in accordance with the rules applicable under paragraph 11 of Schedule 5 to the M1Finance Act 1975) made out of settled property before 9th March 1982 (or, where paragraph 6, 7 or 8 of Schedule 15 to the M2Finance Act 1982 applied, 1st April 1983, or, as the case may be, 1st April 1984) and within the period of ten years before the anniversary concerned.
Textual Amendments
F1S. 66(2A) inserted (with effect in accordance with Sch. 25 para. 4(3) of the amending Act) by Finance Act 2014 (c. 26), Sch. 25 para. 4(2)
F2Finance Act 1986 Sch. 19 para. 16(1), with effect from 18 March 1986 originally “preceding ten years”.
F3Finance Act 1986 Sch. 19 para. 16(2), with effect from 18 March 1986. Originally “(c) for which the appropriate Table of rates is the second Table in Schedule 1 to this Act.”
F4S. 66(4)(b) and word omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance (No. 2) Act 2015 (c. 33), Sch. 1 para. 3(2)(a)
F5Word in s. 66(4)(c) inserted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 1 para. 3(2)(b)
F6S. 66(4)(d)(e) inserted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 1 para. 3(2)(c)
F7Finance Act 1986 Sch. 19 para. 16(3), with effect from 18 March 1986. Originally “ten”.
F8Words in s. 66(6)(a) substituted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 1 para. 3(3)
Marginal Citations