Section 151 Treatment of pension rights, etc. Other provision about pension interestsF8C1
United Kingdom
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F3An interest in or under a F4registered pension scheme F5, a qualifying non-UK pension scheme or a section 615(3) scheme which comes to an end on the death of the person entitled to it shall be left out of account in determining for the purposes of this Act the value of his estate immediately before his death, if the interest—
is, or is a right to, a pension or annuity, and
is not an interest resulting (whether by virtue of the instrument establishing the F6scheme or otherwise) from the application of any benefit provided under the scheme otherwise than by way of a pension or annuity.
Sections 49 to 53 above shall not apply in relation to an interest satisfying the conditions of paragraphs (a) and (b) of subsection (2) above.
Sections 49 to 53 (holder of interest in possession treated as directly entitled to property in which interest subsists etc) do not apply in relation to an interest in possession in property where the property is held for the purposes of a registered pension scheme, a qualifying non-UK pension scheme or a section 615(3) scheme.
In relation to an interest in or under a registered pension scheme , a qualifying non-UK pension scheme or a section 615(3) scheme, section 5(2) above shall apply as if the words “other than settled property” were omitted (in both places).
Where a benefit has become payable under a registered pension scheme , a qualifying non-UK pension scheme or a section 615(3) scheme, and the benefit becomes comprised in a settlement made by a person other than the person entitled to the benefit, the settlement shall for the purposes of this Act be treated as made by the person so entitled.
Annotations
Textual amendments
- F1
S. 151(1)(1A) repealed (6.4.2006) by Finance Act 2004 (c. 12), ss. 203(4)(a), 284, 326, Sch. 42 Pt. 3 (with Sch. 36)
- F2
S. 151(3) substituted for s. 151(2)(3) (with application on or after 6.4.2027 in accordance with s. 71 of the amending Act) by Finance Act 2026 (c. 11), ss. 69(9)(b), 71
- F3
Words in s. 151(2) substituted (with effect as mentioned in Sch. 16 paras. 85, 106 of the amending Act) by virtue of Finance Act 2011 (c. 11), s. 65, Sch. 16 para. 51
- F4
Words in s. 151(2)(4)(5) substituted (6.4.2006) by Finance Act 2004 (c. 12), ss. 203(4)(b), 284 (with Sch. 36)
- F5
Words in s. 151(2)(4)(5) substituted (retrospective to 6.4.2006) by Finance Act 2008 (c. 9), s. 92, Sch. 29 para. 18(4)(8)
- F6
Word in s. 151(2)(b) substituted (6.4.2006) by Finance Act 2004 (c. 12), ss. 203(4)(c), 284 (with Sch. 36)
- F7
S. 151(4) omitted (with application on or after 6.4.2027 in accordance with s. 71 of the amending Act) by virtue of Finance Act 2026 (c. 11), ss. 69(9)(c), 71
- F8
S. 151 heading substituted (with application on or after 6.4.2027 in accordance with s. 71 of the amending Act) by Finance Act 2026 (c. 11), ss. 69(9)(a), 71
Modifications
- C1
S. 151 applied (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), reg. 34
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.