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Paragraph 5 F1

(1)

This paragraph applies to—

(a)

property which constitutes consideration in money or money's worth for the disposal of property to which paragraph 2 or paragraph 3(a) applies;

(b)

any money or money's worth paid in respect of a creditor's rights falling within paragraph 3(a);

(c)

any property directly or indirectly representing property within paragraph (a) or (b).

(2)

If and to the extent that this paragraph applies to any property—

(a)

for the two-year period it is not excluded property by virtue of section 6(1), (1A) or (2) F2, section 48(4) or section 48ZA, and

(b)

if it is held in a qualifying foreign currency account within the meaning of section 157 (non-residents' bank accounts), that section does not apply to it for the two-year period.

(3)

The two-year period is the period of two years beginning with the date of—

(a)

the disposal referred to in sub-paragraph (1)(a), or

(b)

the payment referred to in sub-paragraph (1)(b).

(4)

The value of any property within sub-paragraph (1)(c) is to be treated as not exceeding the relevant amount.

(5)

The relevant amount is—

(a)

where the property within sub-paragraph (1)(c) directly or indirectly represents property within sub-paragraph (1)(a) (“the consideration”), the value of the consideration at the time of the disposal referred to in that sub-paragraph, and

(b)

where the property within sub-paragraph (1)(c) directly or indirectly represents property within sub-paragraph (1)(b), the amount of the money or money's worth paid as mentioned in that sub-paragraph.

Annotations

Textual amendments

F1

Sch. A1 inserted (with effect in accordance with Sch. 10 para. 9 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 10 para. 1 (with Sch. 10 para. 9(2))

F2

Words in Sch. A1 para. 5(2)(a) substituted (6.4.2025) by Finance Act 2025 (c. 8), Sch. 13 paras. 29(3), 45(1)

Notes on the whole Act

Textual amendments

F1

By Finance Act 1986 s. 100(1), on and after 25 July 1986 the Capital Transfer Tax Act 1984 may be cited as the Inheritance Tax Act 1984.