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Contents

Legislation
Inheritance Tax Act 1984

Crossheading Miscellaneous

  • Section 80 Initial interest of settlor or spouse or civil partner.
  • Section 81 Property moving between settlements.
  • Section 81A Reversionary interests in relevant property
  • Section 81B Excluded property: property to which section 80 applies
  • Section 82 Excluded property : property to which section 81 applies (old cases)
  • Section 82A Excluded property: property to which section 81 applies (new cases)
  • Section 83 Property becoming settled on a death.
  • Section 84 Income applied for charitable purposes.
  • Section 85 Credit for annual charges under Finance Act 1975.
  1. Miscellaneous
  2. Property moving between settlements.

Section 81 | Property moving between settlements.

From legislation.gov.uk

(1)Where property which ceases to be comprised in one settlement becomes comprised in another then, unless in the meantime any person becomes beneficially entitled to the property (and not merely to an interest in possession in the property), it shall for the purposes of this Chapter (including sections 48 and 48ZA (excluded property) as they apply for the purposes of this Chapter) be treated as remaining comprised in the first settlement (but held on the trusts of the second).F1F2

(1A)Subsection (1) applies for the purposes of Chapters 1 to 2A of Part 5 as it applies for the purposes of this Chapter.F3

(2)Subsection (1) above shall not apply where the property ceased to be comprised in the first settlement before 10th December 1981; but where property ceased to be comprised in one settlement before 10th December 1981 and after 26th March 1974 and, by the same disposition, became comprised in another settlement, it shall for the purposes of this Chapter be treated as remaining comprised in the first settlement.

(3)Subsection (1) above shall not apply where a reversionary interest in the property expectant on the termination of a qualifying interest in possession subsisting under the first settlement was settled on the trusts of the other settlement before 10th December 1981.

Notes

  1. F1

    Words in s. 81(1) inserted (6.4.2025) by Finance Act 2025 (c. 8), Sch. 13 paras. 15(a), 45(1)

  2. F2

    Words in s. 81(1) inserted (6.4.2025) by Finance Act 2025 (c. 8), Sch. 13 paras. 15(b), 45(1) (with Sch. 13 para. 47)

  3. F3

    S. 81(1A) inserted (with effect in accordance with Sch. 12 para. 17 of the amending Act) by Finance Act 2026 (c. 11), Sch. 12 paras. 10, 17

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