This Statutory Instrument has been made primarily in consequence of a defect in S.I. 2011/214 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2011 No. 2226
Inheritance Tax
The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) (No. 2) Regulations 2011
Made
8th September 2011
Laid before the House of Commons
9th September 2011
Coming into force
1st October 2011
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 256(1), (1A) and (3) of the Inheritance Tax Act 1984( 1 ) and now vested in them( 2 ).
In accordance with section 256(3A) of that Act( 3 ), they have consulted the Lord Chancellor, the Scottish Ministers and the Lord Chief Justice of Northern Ireland.
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) (No. 2) Regulations 2011 and come into force on 1st October 2011.
(2) In these Regulations “the principal Regulations” means the Inheritance Tax (Delivery of Accounts) (Excepted Estates) Regulations 2004( 4 ).
Amendment of the principal Regulations
2. In regulation 4 (excepted estates) of the principal Regulations after paragraph (9) insert—
“ (10) Paragraphs (2)(ca), (3)(ca) and (5)(ba) ( 5 ) shall not have effect in relation to deaths occurring on or after 6th April 2011. ” .
3. In regulation 5A (IHT threshold)( 6 ) of the principal Regulations—
(1) In paragraph (6) for “(7)” substitute “(8)(a)”.
(2) For paragraph (7) substitute—
“ (7) In this regulation “the alternatively secured pension fund provisions” means the following sections of the 1984 Act—
(a) section 151A (person dying with alternatively secured pension fund) ( 7 ) ;
(b) section 151B (relevant dependant with pension fund inherited from member over 75); and
(c) section 151C (dependant dying with other pension fund).
(8) In this regulation—
(a) paragraph (6) shall have effect in relation to deaths occurring on or after 1st March 2011; and
(b) paragraph (7) shall have effect in relation to deaths occurring on or after 6th April 2010. ” .
4. —(1)Regulation 6 (production of information) of the principal Regulations is amended as follows.
(2) In paragraph (1)( 8 ) for “paragraph (3)” substitute “paragraphs (3) and (4)”.
(3) After paragraph (3) insert—
“ (4) Paragraph (2)(a)(v) ( 9 ) and (vi) shall not have effect in relation to information produced to the Board pursuant to paragraph (1) of this regulation on or after 1st March 2011. ” .
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th September 2011
1984 c. 51 . By virtue of section 100(1) and (2) of the Finance Act 1986 (c. 41) , on and after 25th July 1986 the Capital Transfer Tax Act 1984 may be cited as the Inheritance Tax Act 1984, and any reference in that Act to capital transfer tax is to have effect as a reference to inheritance tax, except where the reference relates to a liability to tax arising before 25th July 1986. Section 256(1) of the Inheritance Tax Act 1984 was amended by section 293(2) of the Finance Act 2004 (c. 12) , section 256(1A) of the Inheritance Tax Act 1984 was inserted by section 293(3) of the Finance Act 2004 and section 256(3) of the Inheritance Tax Act 1984 was amended by section 293(5) of the Finance Act 2004.
The powers under section 256(1) of the Inheritance Tax Act 1984 are stated to be exercisable by the Board. The Board is defined in section 272 of that Act as the Commissioners of Inland Revenue. The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11) . Section 50(1) of that Act provides that, insofar as is appropriate in consequence of section 5, a reference to the Commissioners of Inland Revenue shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.
Section 256(3A) of the Inheritance Tax Act 1984 was substituted by paragraph 176 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4) .
S.I. 2004/2543 , amended by S.I. 2005/3230 , 2006/2141 and 2011/214 .
Paragraphs (2)(ca), (3)(ca) and (5)(ba) were inserted by S.I. 2006/2141 .
Regulation 5A was inserted by S.I. 2011/214 .
Sections 151A to 151C were inserted by paragraph 4 of Schedule 22 to the Finance Act 2006 (c. 25) and were omitted in relation to deaths occurring on or after 6th April 2011 by paragraph 48 of Schedule 16 to the Finance Act 2011 (c. 11) .
Paragraph (1) was substituted by S.I. 2011/214 .
Paragraph (2)(a)(v) was amended by S.I. 2005/3230 .