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Legislation
Inheritance Tax Act 1984

CHAPTER II INTERESTS IN POSSESSION, REVERSIONARY INTERESTS AND SETTLEMENT POWERS

  • Section 49 Treatment of interests in possession.
  • Section 49A Immediate post-death interest
  • Section 49B Transitional serial interests
  • Section 49C Transitional serial interest: interest to which person becomes entitled during period 22nd March 2006 to 5th October 2008
  • Section 49D Transitional serial interest: interest to which person becomes entitled on death of spouse or civil partner on or after 6th October 2008
  • Section 49E Transitional serial interest: contracts of life insurance
  • Section 50 Interests in part, etc.
  • Section 51 Disposal of interest in possession.
  • Section 52 Charge on termination of interest in possession.
  • Section 53 Exceptions from charge under section 52.
  • Section 54 Exceptions from charge on death
  • Section 54A Special rate of charge where settled property affected by potentially exempt transfer.
  • Section 54B Provisions supplementary to section 54A.
  • Section 55A Purchased settlement powers
  • Section 55 Reversionary interest acquired by beneficiary.
  • Section 56 Exclusion of certain exemptions.
  • Section 57 Application of certain exemptions.
  • Section 57A Relief where property enters maintenance fund.
  1. Chapter II · INTERESTS IN POSSESSION, REVERSIONARY INTERESTS AND SETTLEMENT POWERS
  2. Transitional serial interest: contracts of life insurance

Section 49E | Transitional serial interest: contracts of life insurance F1

From legislation.gov.uk

(1)Where—F1

(a)a person (“C”) is beneficially entitled to an interest in possession in settled property (“the present interest”), andF1

(b)on C's becoming beneficially entitled to the present interest, the settled property consisted of, or included, rights under a contract of life insurance entered into before 22nd March 2006,F1

the present interest so far as subsisting in rights under the contract, or in property comprised in the settlement that directly or indirectly represents rights under the contract, is a “transitional serial interest” for the purposes of this Chapter if the following conditions are met.

(2)Condition 1 is that—F1

(a)the settlement commenced before 22nd March 2006, andF1

(b)immediately before 22nd March 2006—F1

(i)the property then comprised in the settlement consisted of, or included, rights under the contract, andF1

(ii)those rights were property in which C, or some other person, was beneficially entitled to an interest in possession (“the earlier interest”).F1

(3)Condition 2 is that—F1

(a)the earlier interest came to an end at a time on or after 6th October 2008 (“the earlier-interest end-time”) on the death of the person beneficially entitled to it and C became beneficially entitled to the present interest—F1F2

(i)at the earlier-interest end-time, orF1

(ii)on the coming to an end, on the death of the person beneficially entitled to it, of an interest in possession to which that person became beneficially entitled at the earlier-interest end-time, orF1

(iii)on the coming to an end of the second or last in an unbroken sequence of two or more consecutive interests in possession to the first of which a person became beneficially entitled at the earlier-interest end-time and each of which ended on the death of the person beneficially entitled to it, orF1

(b)C became beneficially entitled to the present interest—F1

(i)on the coming to an end, on the death of the person entitled to it, of an interest in possession that is a transitional serial interest under section 49C above, orF1

(ii)on the coming to an end of the second or last in an unbroken sequence of two or more consecutive interests in possession the first of which was a transitional serial interest under section 49C above and each of which ended on the death of the person beneficially entitled to it.F1

(4)Condition 3 is that rights under the contract were comprised in the settlement throughout the period beginning with 22nd March 2006 and ending with C's becoming beneficially entitled to the present interest.F1

(5)Condition 4 is that—F1

(a)section 71A below does not apply to the property in which the present interest subsists, andF1

(b)the present interest is not a disabled person's interest.F1

Notes

  1. F1

    Ss. 49A-49E inserted (22.3.2006) by Finance Act 2006 (c. 25), s. 156, Sch. 20 para. 5(1)(2)

  2. F2

    Word in s. 49E(3) substituted (retrospective to 6.4.2008) by Finance Act 2008 (c. 9), s. 141(1)(c)(2)

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