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Contents

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. Disposal of interest in possession.

Section 51 | Disposal of interest in possession.

From legislation.gov.uk

(1)Where a person beneficially entitled to an interest in possession in settled property disposes of his interest the disposal—

(a)is not a transfer of value, but

(b)shall be treated for the purposes of this Chapter as the coming to an end of his interest;

and tax shall be charged accordingly under section 52 below.

(1A)Where the interest disposed of is one to which the person became beneficially entitled on or after 22nd March 2006, subsection (1) above applies in relation to the disposal only if the interest is—F1F2

(a)an immediate post-death interest,F1

(b)a disabled person's interest within section 89B(1)(c) or (d) below, orF1

(c)a transitional serial interest,F1

or falls within section 5(1B) above.

(1B)Where the interest disposed of is one to which the person became beneficially entitled before 22nd March 2006, subsection (1) above does not apply in relation to the disposal if, immediately before the disposal, section 71A or 71D below applies to the property in which the interest subsists.F1

(2)Where a disposition satisfying the conditions of section 11 above is a disposal of an interest in possession in settled property, the interest shall not by virtue of subsection (1) above be treated as coming to an end.

(3)References in this section to any property or to an interest in any property include references to part of any property or interest.

Notes

  1. F1

    S. 51(1A)(1B) inserted (22.3.2006) by Finance Act 2006 (c. 25), s. 156, Sch. 20 paras. 7, 12

  2. F2

    Words in s. 51(1A) inserted (with effect as mentioned in s. 53(10) of the amending Act) by Finance Act 2010 (c. 13), s. 53(4)(b)

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