Section 109 Refusal of grant where capital transfer tax unpaid.

England and Wales

F1(1)

No grant shall be made, and no grant made outside the United Kingdom shall be resealed, except—

(a)

on the production of information or documents under regulations under section 256(1)(aa) of the Inheritance Tax Act 1984 (excepted estates); or

(b)

on the production of an account prepared in pursuance of that Act showing by means of such receipt or certification as may be prescribed by the Commissioners either—

(i)

that the inheritance tax payable on the delivery of the account has been paid; or

(ii)

that no such tax is so payable.

(2)

Arrangements may be made between the President of the Family Division and the Commissioners providing for the purposes of F2subsection (1)(b) in such cases as may be specified in the arrangements that the receipt of certification of an account may be dispensed with or that some other document may be substituted for the account required by F3the Capital Transfer Tax Act 1984.

F4(2A)

In this section and the following section, “the Commissioners” means the Commissioners of Inland Revenue

(3)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 109(1) substituted (1.11.2004) by Finance Act 2004 (c. 12), s. 294(1)(a)(4); S.I. 2004/2571, art. 2
F2: Words in s. 109(2) substituted (1.11.2004) by Finance Act 2004 (c. 12), s. 294(1)(b)(4); S.I. 2004/2571, art. 2
F3: Words substituted by Capital Transfer Tax Act 1984 (c. 51, SIF 65), s. 276, Sch. 8 para. 20(a)
F4: S. 109(2A) inserted (1.11.2004) by Finance Act 2004 (c. 12), s. 294(1)(c)(4); S.I. 2004/2571, art. 2
F5: S. 109(3) repealed (1.11.2004) by Finance Act 2004 (c. 12), ss. 294(1)(d)(4), 326, Sch. 42 Pt. 4 Note 1; S.I. 2004/2571, art. 2

Notes on the whole Act

Textual amendments

F1: Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)
F2: Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)