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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. Sections 162A, 162AA and 162B: supplementary provision

Section 162C | Sections 162A, 162AA and 162B: supplementary provision F1

From legislation.gov.uk

(1)This section applies for the purposes of determining the extent to which a liability is attributable as mentioned in section 162A(1) or (5) , 162AA(1) or 162B(1)(b), (3)(b) or (5)(c).F2

(1A)In a case in which the value of a person's estate immediately before death is to be determined, where a liability was discharged in part before that time—F3

(a)any part of the liability that, at the time of discharge, was not attributable as mentioned in subsection (1) is, so far as possible, to be taken to have been discharged first,F3

(b)any part of the liability that, at the time of discharge, was attributable as mentioned in section 162B(1)(b), (3)(b) or (5)(c) is, so far as possible, only to be taken to have been discharged after any part of the liability within paragraph (a) was discharged,F3

(c)any part of the liability that, at the time of discharge, was attributable as mentioned in section 162AA(1) is, so far as possible, only to be taken to have been discharged after any parts of the liability within paragraph (a) or (b) were discharged, andF3

(d)any part of the liability that, at the time of discharge, was attributable as mentioned in section 162A(1) or (5) is, so far as possible, only to be taken to have been discharged after any parts of the liability within paragraphs (a) to (c) were discharged.F3

(2)In any other case, where a liability was discharged in part before the time in relation to which the question as to whether or how to take it into account arises—F4

(a)any part of the liability that, at the time of discharge, was not attributable as mentioned in section 162A(1) or (5) or 162B(1)(b), (3)(b) or (5)(c) is, so far as possible, to be taken to have been discharged first,F5

(b)any part of the liability that, at the time of discharge, was attributable as mentioned in section 162B(1)(b), (3)(b) or (5)(c) is, so far as possible, only to be taken to have been discharged after any part of the liability within paragraph (a) was discharged, and

(c)any part of the liability that, at the time of discharge, was attributable as mentioned in section 162A(1) or (5) is, so far as possible, only to be taken to have been discharged after any parts of the liability within paragraph (a) or (b) were discharged.

Notes

  1. F1

    Ss. 162A-162C inserted (with effect in accordance with Sch. 36 para. 5 of the amending Act) by Finance Act 2013 (c. 29), Sch. 36 para. 3

  2. F2

    Word in s. 162C(1) inserted (with effect in accordance with Sch. 25 para. 3(8) of the amending Act) by Finance Act 2014 (c. 26), Sch. 25 para. 3(4)

  3. F3

    S. 162C(1A) inserted (with effect in accordance with Sch. 25 para. 3(8) of the amending Act) by Finance Act 2014 (c. 26), Sch. 25 para. 3(5)

  4. F4

    Words in s. 162C(2) substituted (with effect in accordance with Sch. 25 para. 3(8) of the amending Act) by Finance Act 2014 (c. 26), Sch. 25 para. 3(6)(a)

  5. F5

    Words in s. 162C(2)(a) substituted (with effect in accordance with Sch. 25 para. 3(8) of the amending Act) by Finance Act 2014 (c. 26), Sch. 25 para. 3(6)(b)

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