M1(1)Where any income, having accrued before the death of any person, is taken into account both—
(a)in determining the value of his estate for the purposes of any inheritance tax chargeable on his death; and
(b)in ascertaining for the purposes of this Part the residuary income of his estate for any year of assessment;
then, in ascertaining the excess liability of any person having an absolute interest in the residue of that or any other estate or part thereof, that residuary income shall be treated as reduced by an amount calculated in accordance with the following provisions of this section.
(2)In subsection (1) above “excess liability” means the excess of liability to income tax over what it would be if all income tax [F1not chargeable at the lower rate][F2by virtue of section 1(2)(aa) were chargeable at the basic rate, or (so far as applicable in accordance with [F3section 1A] ) the lower rate,] to the exclusion of any higher rate.
(3)The amount of the reduction shall be an amount which, after deduction of income tax for the year of assessment in question, would be equal to the amount of inheritance tax attributable to so much of the income taken into account as mentioned in subsection (1) above as exceeds any liabilities so taken into account.
(4)The amount of any income accruing before the death of any person and taken into account in estimating the value of an estate shall (whether or not the income was valued separately or its amount known at the date of the death) be taken to be the actual amount so accruing less income tax at the basic rate for the year of assessment in which the death occurred.
(5)The amounts agreed between the persons liable for inheritance tax and the Board, or determined in the proceedings between them, as being respectively the value of an estate and the amount of any inheritance tax payable shall be conclusive for the purposes of this section; and evidence of those amounts and of any facts relevant to their computation may be given by the production of a document purporting to be a certificate from the Board.
(6)In this section—
(a)references to liabilities taken into account in ascertaining the amount of the residuary income of an estate include references to liabilities allowed or allowable in computing its aggregate income; and
(b)references to inheritance tax include references to capital transfer tax.
Textual Amendments
F1Words in s. 699(2) inserted (16.7.1992) by Finance (No. 2) Act 1992 (c. 48), s. 19(3)(7)
F2Words in s. 699(2) substituted (27.7.1993 with effect for the year 1993-1994 and subsequent years of assessment) by 1993 c. 34, s. 79, Sch. 6 paras.6, 25(1)
F3Words in s. 699(2) substituted (with effect in accordance with Sch. 6 para. 28 of the amending Act) by Finance Act 1996 (c. 8), Sch. 6 para. 13
Marginal Citations
M1Source-1970 s.430; 1971 Sch.6 56; 1975 Sch.12 16; 1978 Sch.2 11; 1986 s.100