Section 79 | Exemption from ten-yearly charge.
From legislation.gov.uk
(1)Where property is comprised in a settlement and there has been a conditionally exempt transfer of the property on or before the occasion on which it became comprised in the settlement, section 64 above shall not have effect in relation to the property on any ten-year anniversary falling before the first occurrence after the transfer of a chargeable event with respect to the property.
(2)Where property is comprised in a settlement and there has been, on or before the occasion on which it became comprised in the settlement, a disposal of the property in relation to which subsection (4) of section 258 of the 1992 Act (capital gains tax relief for works of art etc.) had effect, section 64 above shall not have effect in relation to the property on any ten-year anniversary falling before the first occurrence after the disposal of an event on the happening of which the property is treated as sold under subsection (5) of the said section 258.F1
(3)Where property is comprised in a settlement and there has been no such transfer or disposal of the property as is mentioned in subsection (1) or (2) above on or before the occasion on which it became comprised in the settlement, subsection (3A) below applies if —F2F3
(a)the property has, on a claim made for the purpose, been designated by the Treasury under section 31 above,F4
(aa)that claim is made during the period beginning with the date of a ten-year anniversary of the settlement (“the relevant ten-year anniversary”) and ending—F5
(i)two years after that date, orF5
(ii)on such later date as the Board may allow,F5
(b)the requisite undertaking described in section 31 is given with respect to the property by such person as the Treasury think appropriate in the circumstances of the case, or (where the property is an area of land within subsection (1)(d) of that section) the requisite undertakings described in that section are given with respect to the property by such person or persons as the Treasury think appropriate in the circumstances of the case, andF6F7F8
(c)the property is relevant property,
...
(3A)Tax is not chargeable under section 64 above in relation to the property by reference to the relevant ten-year anniversary concerned or any subsequent ten-year anniversaries; but on the first occurrence of an event which, if there had been a conditionally exempt transfer of the property immediately before that relevant ten-year anniversary, would be a chargeable event with respect to the property—F9
(a)there is a charge to tax under this subsection, andF9
(b)on any ten-year anniversary falling after that event, tax is chargeable under section 64 above in relation to the property.F9
(4)Tax shall not be charged under subsection (3A) above in respect of property if, after the occasion mentioned in subsection (3) above and before the occurrence mentioned in subsection (3A) , there has been a conditionally exempt occasion in respect of the property.F10
(5)The amount on which tax is charged under subsection (3A) above shall be an amount equal to the value of the property at the time of the event.F11
(5A)Where the event giving rise to a charge to tax under subsection (3A) above is a disposal on sale, and the sale—F12F13
(a)was not intended to confer any gratuitous benefit on any person, andF12
(b)was either a transaction at arm's length between persons not connected with each other or a transaction such as might be expected to be made at arm's length between persons not connected with each other,F12
the value of the property at the time of that event shall be taken for the purposes of subsection (5) above to be equal to the proceeds of the sale.
(6)The rate at which tax is charged under subsection (3A) above shall be the aggregate of the following percentages—F14
(a)0·25 per cent. for each of the first forty complete successive quarters in the relevant period,
(b)0·20 per cent. for each of the next forty,
(c)0·15 per cent. for each of the next forty,
(d)0·10 per cent. for each of the next forty, and
(e)0·5 per cent. for each of the next forty.
(7)In subsection (6) above “the relevant period” means the period given by subsection (7A) below or, if shorter, the period given by subsection (7B) below.F15
(7A)The period given by this subsection is the period beginning with the latest of—F15
(a)the day on which the settlement commenced,F15
(b)the date of the last ten-year anniversary of the settlement to fall before the day on which the property became comprised in the settlement,F15
(c)the date of the last ten-year anniversary of the settlement to fall before the relevant ten-year anniversary , andF15F16
(d)13th March 1975,F15
and ending with the day before the event giving rise to the charge.
(7B)The period given by this subsection is the period equal in length to the number of relevant-property days in the period—F15
(a)beginning with the day that is the latest of those referred to in paragraphs (a) to (d) of subsection (7A) above, andF15
(b)ending with the day before the event giving rise to the charge.F15
(7C)For the purposes of subsection (7B) above, a day is a “relevant-property day” if at any time on that day the property was relevant property.F15
(8)Subsection (9) below shall have effect where—
(a)by virtue of subsection (3A) above, section 64 does not have effect in relation to property by reference to the relevant ten-year anniversary of the settlement ,F17F18
(b)on that anniversary a charge to tax falls to be made in respect of the settlement under section 64, and
(c)the property became comprised in the settlement... within the period of ten years ending with that anniversary.F19
(9A)Subsection (9B) below applies where the same event gives rise—F20
(a)to a charge under subsection (3A) above in relation to any property, andF20F21
(b)to a charge under section 32 or 32A above in relation to that property.F20
(9B)If the amount of each of the charges is the same, each charge shall have effect as a charge for one half of the amount that would be charged apart from this subsection; otherwise, whichever of the charges is lower in amount shall have effect as if it were a charge the amount of which is nil.F20
(9)In calculating the rate at which tax is charged under section 64 above, the value of the consideration given for the property on its becoming comprised in the settlement shall be treated for the purposes of section 66(5)(b) above as if it were an amount on which a charge to tax was imposed in respect of the settlement under section 65 above at the time of the property becoming so comprised.
(10)In subsection (1) above, the reference to a conditionally exempt transfer of any property includes a reference to a transfer of value in relation to which the value of any property has been left out of account under the provisions of sections 31 to 34 of the Finance Act 1975 and, in relation to such property, the reference to a chargeable event includes a reference to an event on the occurrence of which tax becomes chargeable under Schedule 5 to this Act.