PART III SETTLED PROPERTY
C2C3C4C5CHAPTER III SETTLEMENTS WITHOUT INTERESTS IN POSSESSION F6, AND CERTAIN SETTLEMENTS IN WHICH INTERESTS IN POSSESSION SUBSIST
See Finance Act 1990 s. 126—exemption for pools payments to trustees for football ground improvements in respect of events on or after 6April 1990.
Pt. 3 Ch. 3 modified (22.7.2004) by Finance Act 2004 (c. 12), s. 283, Sch. 36 para. 57(1) (with s. 283(5))
Pt. 3 Ch. 3 modified (22.7.2004) by Finance Act 2004 (c. 12), s. 283, Sch. 36 para. 56(2)(b) (with s. 283(5))
Part III Chapter III (ss.58-85) excluded by Finance Act 1991 (c.31, SIF 63:1), s. 121(4).
Pt. III Ch. III (ss. 58-85) restricted (3.5.1994) by 1994 c. 9, s. 248
Works of art, historic buildings, etc.
79 Exemption from ten-yearly charge.
1
Where property is comprised in a settlement and there has been a conditionally exempt transfer of the property on or before the occasion on which it became comprised in the settlement, section 64 above shall not have effect in relation to the property on any ten-year anniversary falling before the first occurrence after the transfer of a chargeable event with respect to the property.
2
Where property is comprised in a settlement and there has been, on or before the occasion on which it became comprised in the settlement, a disposal of the property in relation to which subsection (4) of section F1258 of the 1992 Act (capital gains tax relief for works of art etc.) had effect, section 64 above shall not have effect in relation to the property on any ten-year anniversary falling before the first occurrence after the disposal of an event on the happening of which the property is treated as sold under subsection (5) of the said section F1258.
C13
Where property is comprised in a settlement and there has been no such transfer or disposal of the property as is mentioned in subsection (1) or (2) above on or before the occasion on which it became comprised in the settlement, then, if—
a
the property has, on a claim made for the purpose, been designated by the Treasury under section 31 above,
b
the requisite undertaking described in that section has been given F2with respect to the property by such person as the Treasury think appropriate in the circumstances of the case, F2or (where the property is an area of land within subsection (1)(d) of that section) the requisite undertakings described in that section have been given with respect to the property by such person or persons as the Treasury think appropriate in the circumstances of the case, and
c
the property is relevant property,
section 64 above shall not have effect in relation to the property; but there shall be a charge to tax under this subsection on the first occurrence of an event which, if there had been a conditionally exempt transfer of the property when the claim was made and the undertaking had been given under section 30 above, would be a chargeable event with respect to the property.
4
Tax shall not be charged under subsection (3) above in respect of property if, after the occasion and before the occurrence there mentioned, there has been a conditionally exempt occasion in respect of the property.
5
The amount on which tax is charged under subsection (3) above shall be an amount equal to the value of the property at the time of the event.
F35A
Where the event giving rise to a charge to tax under subsection (3) above is a disposal on sale, and the sale—
a
was not intended to confer any gratuitous benefit on any person, and
b
was either a transaction at arm's length between persons not connected with each other or a transaction such as might be expected to be made at arm's length between persons not connected with each other,
the value of the property at the time of that event shall be taken for the purposes of subsection (5) above to be equal to the proceeds of the sale.
6
The rate at which tax is charged under subsection (3) above shall be the aggregate of the following percentages—
a
0·25 per cent. for each of the first forty complete successive quarters in the relevant period,
b
0·20 per cent. for each of the next forty,
c
0·15 per cent. for each of the next forty,
d
0·10 per cent. for each of the next forty, and
e
0·5 per cent. for each of the next forty.
F47
In subsection (6) above “the relevant period” means the period given by subsection (7A) below or, if shorter, the period given by subsection (7B) below.
7A
The period given by this subsection is the period beginning with the latest of—
a
the day on which the settlement commenced,
b
the date of the last ten-year anniversary of the settlement to fall before the day on which the property became comprised in the settlement,
c
the date of the last ten-year anniversary of the settlement to fall before the day on which the property was designated under section 31 above on a claim under this section, and
d
13th March 1975,
and ending with the day before the event giving rise to the charge.
7B
The period given by this subsection is the period equal in length to the number of relevant-property days in the period—
a
beginning with the day that is the latest of those referred to in paragraphs (a) to (d) of subsection (7A) above, and
b
ending with the day before the event giving rise to the charge.
7C
For the purposes of subsection (7B) above, a day is a “relevant-property day” if at any time on that day the property was relevant property.
8
Subsection (9) below shall have effect where—
a
by virtue of subsection (3) above, section 64 does not have effect in relation to property on the first ten-year anniversary of the settlement to fall after the making of the claim and the giving of the undertaking,
b
on that anniversary a charge to tax falls to be made in respect of the settlement under section 64, and
c
the property became comprised in the settlement, and the claim was made and the undertaking was given, within the period of ten years ending with that anniversary.
F59A
Subsection (9B) below applies where the same event gives rise—
a
to a charge under subsection (3) above in relation to any property, and
b
to a charge under section 32 or 32A above in relation to that property.
9B
If the amount of each of the charges is the same, each charge shall have effect as a charge for one half of the amount that would be charged apart from this subsection; otherwise, whichever of the charges is lower in amount shall have effect as if it were a charge the amount of which is nil.
9
In calculating the rate at which tax is charged under section 64 above, the value of the consideration given for the property on its becoming comprised in the settlement shall be treated for the purposes of section 66(5)(b) above as if it were an amount on which a charge to tax was imposed in respect of the settlement under section 65 above at the time of the property becoming so comprised.
10
In subsection (1) above, the reference to a conditionally exempt transfer of any property includes a reference 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 M1Finance Act 1975 and, in relation to such property, the reference to a chargeable event includes a reference to an event on the occurrence of which tax becomes chargeable under Schedule 5 to this Act.
Words in Pt. 3 Ch. 3 heading added (22.3.2006) by Finance Act 2006 (c. 25), s. 156, Sch. 20 para. 20(5)