(1)M1Where a building or land which is qualifying property for the purposes of paragraph 3(1) of Schedule 4 to the M2Inheritance Tax Act 1984 (maintenance funds for historic buildings) forms part of an estate in relation to which an election has effect under section 26—
(a)the election shall not cease to have effect by reason only of another part of the estate becoming comprised in, and managed by the trustees of, a settlement in relation to which the Treasury give a direction under paragraph 1 of that Schedule, and
(b)while such a direction has effect that other part shall be treated as continuing to form part of the estate to which the election relates.
(2)In any case where—
(a)a person becomes the owner of any such building or land as is mentioned in subsection (1) above, and
(b)that building or land, in the immediately preceding ownership, formed part of an estate in relation to which an election under section 26 had effect,
any other part of that estate which continues to be or becomes comprised in a settlement of the kind mentioned in subsection (1) above shall, while such a direction as is mentioned in that subsection has effect, be treated as part of the estate in relation to which an election under section 26 may be made by him.
(3)Where by virtue of this section an election has effect in relation to an estate part of which is comprised in a settlement—
(a)there may be treated as deductible from the rents arising from that part—
(i)any payments which are made in respect of the other part of the estate by the trustees of the settlement and which would be so deductible under section 25 if that part were also comprised in the settlement; and
(ii)any payments made in respect of the other part of the estate by its owner to the extent to which they cannot be deducted by him under that section in the chargeable period in which they become due because of an insufficiency of the rents arising in that period from that part; and
(b)any relief available to the trustees under section 33 in respect of the part of the estate comprised in the settlement shall instead be available to the owner of the other part of the estate.
(4)Where by virtue of this section an election has effect in relation to an estate part of which is comprised in a settlement, the election shall not cease to have effect in relation to any of that part by reason of its ceasing to be comprised in that settlement if either—
(a)it becomes comprised in another settlement in circumstances such that by virtue of paragraph 9(1) of Schedule 4 to the M3Inheritance Tax Act 1984 there is (or would but for paragraph 9(4) be) no charge to inheritance tax in respect of the property so ceasing; or
(b)both immediately before and immediately after its so ceasing it is property in respect of which a direction has effect under paragraph 1 of that Schedule.
(5)The inclusion by virtue of this section in an estate of property comprised in a settlement shall not be construed as requiring it to be treated as the property of the person who owns the remainder of the estate or as affecting any question as to the person entitled to the income arising from that property.
Modifications etc. (not altering text)
C1S. 27(3)(a) modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by Finance Act 1995 (c. 4), s. 39(3), Sch. 6 para. 6(1)
C2S. 27(3)(b) modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by Finance Act 1995 (c. 4), s. 39(3), Sch. 6 para. 6(2)
Marginal Citations
M1SOURCE-1980 s. 53; 1982 Sch. 10 para. 3; ITA Sch. 8 para 18