Section 154 Death on active service, etc.

United Kingdom

(1)

F1The reliefs in subsection (1A) apply in relation to the death of a person in whose case it is certified by the Defence Council or the Secretary of State—

(a)

that he died from a wound inflicted, accident occurring or disease contracted at a time when the conditions specified in subsection (2) below were satisfied, or

(b)

that he died from a disease contracted at some previous time, the death being due to or hastened by the aggravation of the disease during a period when those conditions were satisfied.

F2(1A)

The reliefs are—

(a)

that no potentially exempt transfer made by the deceased becomes a chargeable transfer under section 3A(4) because of the death,

(b)

that section 4 (transfers on death) does not apply in relation to the death, and

(c)

that no additional tax becomes due under section 7(4) because of a transfer made by the deceased within 7 years of the death.

(2)

The conditions referred to in subsection (1) above are that the deceased was a member of any of the armed forces of the Crown or F3a civilian subject to service discipline within the meaning of the Armed Forces Act 2006 and (in any case) was F4...—

(a)

on active service against an enemy, or

(b)

on other service of a warlike nature or which in the opinion of the Treasury involved the same risks as service of a warlike natureF5or

(c)

responding to emergency circumstances in the course of the person's duties as a member of any of those armed forces or as a civilian subject to service discipline.

F6(2A)

Section 153A(3) to (5) applies for the purposes of this section.

(3)

In relation to any time before 28th July 1981 (the date of the passing of the M1Armed Forces Act 1981), the reference in subsection (2) above to membership of the armed forces of the Crown shall include a reference to employment as a person of any of the descriptions specified in paragraph 1(3) of Schedule 7 to the M2Finance Act 1975 (women’s services).

Annotations

Textual amendments

F1: Words in s. 154(1) substituted (with effect in accordance with s. 75(5) of the amending Act) by Finance Act 2015 (c. 11), s. 75(3)(a)
F2: S. 154(1A) inserted (with effect in accordance with s. 75(5) of the amending Act) by Finance Act 2015 (c. 11), s. 75(3)(b)
F3: Words in s. 154(2) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 99; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (with saving in S.I. 2009/1059, arts. 1, 2, Sch. 1 para. 27)
F4: Word in s. 154(2) omitted (with effect in accordance with s. 75(5) of the amending Act) by virtue of Finance Act 2015 (c. 11), s. 75(3)(c)
F5: S. 154(2)(c) and word inserted (with effect in accordance with s. 75(5) of the amending Act) by Finance Act 2015 (c. 11), s. 75(3)(c)
F6: S. 154(2A) inserted (with effect in accordance with s. 75(5) of the amending Act) by Finance Act 2015 (c. 11), s. 75(3)(d)

Marginal citations

M1: 1981 c. 55.
M2: 1975 c. 7.

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.