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Contents

Legislation
Inheritance Tax Act 1984

CHAPTER I BUSINESS PROPERTY

  • Section 103 (1) In this Chapter references to a transfer of value...
  • Section 104 The relief.
  • Section 105 Relevant business property.
  • Section 106 Minimum period of ownership.
  • Section 107 Replacements.
  • Section 108 Successions.
  • Section 109 Successive transfers.
  • Section 109A Additional requirement in case of minority shareholdings.
  • Section 110 Value of business.
  • Section 111 Value of certain shares and securities.
  • Section 112 Exclusion of value of excepted assets.
  • Section 113 Contracts for sale.
  • Section 113A Transfers within seven years before death of transferor.
  • Section 113B Application of section 113A to replacement property.
  • Section 114 Avoidance of double relief.
  1. Chapter I · BUSINESS PROPERTY
  2. Replacements.

Section 107 | Replacements.

From legislation.gov.uk

(1)Property shall be treated as satisfying the condition in section 106 above if—

(a)it replaced other property and it, that other property and any property directly or indirectly replaced by that other property were owned by the transferor for periods which together comprised at least two years falling within the five years immediately preceding the transfer of value, and

(b)any other property concerned was such that, had the transfer of value been made immediately before it was replaced, it would (apart from section 106) have been relevant business property in relation to the transfer.

(2)In a case falling within subsection (1) above relief under this Chapter shall not exceed what it would have been had the replacement or any one or more of the replacements not been made.

(3)For the purposes of subsection (2) above changes resulting from the formation, alteration or dissolution of a partnership, or from the acquisition of a business by a company controlled by the former owner of the business, shall be disregarded.

(4)Without prejudice to subsection (1) above, where any shares falling within section 105(1)(aa) , (ac) or (bb) above which are owned by the transferor immediately before the transfer would under any of the provisions of sections 126 to 136 of the 1992 Act be identified with other shares previously owned by him his period of ownership of the first-mentioned shares shall be treated for the purposes of section 106 above ... as including his period of ownership of the other shares.F1F2F3F4F5

Notes

  1. F1

    Words in s. 107(4) and “(4)” substituted (29.4.1996 with effect as mentioned in s. 184(6)(b) of the amending Act) by 1996 c. 8, s. 184(3)

  2. F2

    Words in s. 107(4) substituted (with effect in accordance with Sch. 12 para. 17 of the amending Act) by Finance Act 2026 (c. 11), Sch. 12 paras. 12(2), 17

  3. F3

    Word in s. 107(4) inserted (with effect in accordance with Sch. 12 para. 17 of the amending Act) by Finance Act 2026 (c. 11), Sch. 12 paras. 12(3), 17

  4. F4

    Words in s. 107(4) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 8(5) (with ss. 60, 101(1), 201(3)).

  5. F5

    Words in s. 107(4) repealed (29.4.1996 with effect as mentioned in s. 184(6)(b) of the amending Act) by 1996 c. 8, s. 205, Sch. 41 Pt. VI note 1

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