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Contents

Legislation
Inheritance Tax Act 1984

CHAPTER I GENERAL

  • Section 160 Market value.
  • Section 161 Related property.
  • Section 162 Liabilities.
  • Section 162A Liabilities attributable to financing excluded property
  • Section 162AA Liabilities attributable to financing non-residents' foreign currency accounts
  • Section 162B Liabilities attributable to financing certain relievable property
  • Section 162C Sections 162A, 162AA and 162B: supplementary provision
  • Section 163 Restriction on freedom to dispose.
  • Section 164 Transferor’s expenses.
  • Section 165 Tax on capital gains.
  • Section 166 Creditors’ rights.
  • Section 167 Life policies, etc.
  • Section 168 Unquoted shares and securities.
  • Section 169 Farm cottages.
  • Section 170 Leases for life, etc.
  1. Chapter I · GENERAL
  2. Related property.

Section 161 | Related property.

From legislation.gov.uk

(1)Where the value of any property comprised in a person’s estate would be less than the appropriate portion of the value of the aggregate of that and any related property, it shall be the appropriate portion of the value of that aggregate.

(2)For the purposes of this section, property is related to the property comprised in a person’s estate if—

(a)it is comprised in the estate of his spouse or civil partner ; orF1

(b)it is or has within the preceding five years been—F1

(i)the property of a charity, or held on trust for charitable purposes only, or

(ii)the property of a body mentioned in section 24, 24A,or 25 above,F2F3

and became so on a transfer of value which was made by him or his spouse or civil partner after 15th April 1976 and was exempt to the extent that the value transferred was attributable to the property.

(3)The appropriate portion of the value of the aggregate mentioned in subsection (1) above is such portion thereof as would be attributable to the value of the first-mentioned property if the value of that aggregate were equal to the sums of the values of that and any related property, the value of each property being determined as if it did not form part of that aggregate.

(4)For the purposes of subsection (3) above the proportion which the value of a smaller number of shares of any class bears to the value of a greater number shall be taken to be that which the smaller number bears to the greater; and similarly with stock, debentures and units of any other description of property.

(5)Shares shall not be treated for the purposes of subsection (4) above as being of the same class unless they are so treated by the practice of a recognised stock exchange or would be so treated if dealt with on such a stock exchange.

Notes

  1. F1

    Words in s. 161(2) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 34

  2. F2

    Finance Act 1989 s. 171(4),with effect from 14March 1989.

  3. F3

    Words in s. 161(2)(b) substituted (31.7.1998 with effect in relation to any property becoming property of a body on a transfer of value made on or after 17.3.1998) by 1998 c. 36, s. 143(6)

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