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Legislation
Inheritance Tax Act 1984

CHAPTER IV SALE OF LAND FROM DECEASED’S ESTATE

  • Section 190 Preliminary.
  • Section 191 The relief.
  • Section 192 Effect of purchases.
  • Section 193 Changes between death and sale.
  • Section 194 Leases.
  • Section 195 Valuation by reference to other interests.
  • Section 196 Sales to beneficiaries etc. and exchanges.
  • Section 197 Compulsory acquisition more than three years after death.
  • Section 197A Sales in fourth year after death.
  • Section 198 Date of sale or purchase.
  1. Chapter IV · SALE OF LAND FROM DECEASED’S ESTATE
  2. Preliminary.

Section 190 | Preliminary.

From legislation.gov.uk

(1)In this Chapter—F1

“the appropriate person”, in relation to any interest in land comprised in a person’s estate immediately before his death, means the person liable for inheritance tax attributable to the value of that interest or, if there is more than one such person and one of them is in fact paying the tax, that person;

“interest in land” does not include any estate, interest or right by way of mortgage or other security;

“sale price”, in relation to any interest in land, means the price for which it is sold or, if greater, the best consideration that could reasonably have been obtained for it at the time of the sale;

“sale value”, in relation to any interest in land, means its sale price as increased or reduced under the following provisions of this Chapter;

“value on death”, in relation to any interest in land comprised in a person’s estate immediately before his death, means the value which, apart from this Chapter, (and apart from section 176 above) would be its value as part of that estate for the purposes of this Act.

(2)Any reference in this Chapter to the interests to which a claim relates is a reference to the interests to which section 191(1) below applies by virtue of the claim.

(3)For the purposes of this Chapter—

(a)the personal representatives of the deceased, and

(b)the trustees of a settlement,

shall each be treated as a single and continuing body of persons (distinct from the persons who may from time to time be the personal representatives or trustees).

(4)In any case where, for the purposes of this Chapter, it is necessary to determine the price at which any interest was purchased or sold or the best consideration that could reasonably have been obtained on the sale of any interest, no account shall be taken of expenses (whether by way of commission, stamp duty or stamp duty land tax or otherwise) which are incidental to the sale or purchase.F2

Notes

  1. F1

    See Finance Act 1986 s. 100(1)and (2)—for any liability to tax arising on and after 25July 1986any reference in the legislation to capital transfer tax has effect as a reference to inheritance tax.

  2. F2

    Words in s. 190(4) inserted (10.7.2003) by Finance Act 2003 (c. 14), s. 123, Sch. 18 para. 2

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