Finance Act 2004

Election for application of inheritance tax provisions

23 (1) In this paragraph—

• “election” means an election under paragraph 21 or 22;

• “the relevant filing date” means 31st January in the year of assessment that immediately follows the initial year within the meaning of paragraph 21 or (as the case requires) paragraph 22.

(2) The election must be made in the prescribed manner.

(3) The election must be made on or before the relevant filing date, unless the chargeable person can show a reasonable excuse for the failure to make the election by that date.

(4) Where the chargeable person can show reasonable excuse for the failure to make the election on or before the relevant filing date, the election must be made on or before such later date as may be prescribed.

(5) The election may be withdrawn or amended, during the life of the chargeable person, at any time on or before the relevant filing date.

(6) Subject to sub-paragraph (5), the election takes effect for the purposes of inheritance tax from the beginning of the initial year within the meaning of paragraph 21 or (as the case requires) paragraph 22 or, if later, the date on which the chargeable person would (but for the election) have first become chargeable under this Schedule by reference to the property to which the election relates.