ihta84/s162.- Liabilities.

 

[1975 Sch.10 para.1(5).]

162. - (1) A liability in respect of which there is a right to reimbursement shall be taken into account only to the extent (if any) that reimbursement cannot reasonably be expected to be obtained.

[1975 Sch.10 para.1(4).]

(2) Subject to subsection (3) below, where a liability falls to be discharged after the time at which it is to be taken into account it shall be valued as at the time at which it is to be taken into account.

[1975 Sch.10 para.1(2).]

(3) In determining the value of a transferor's estate immediately after a transfer of value, his liability for [inheritance tax 1 ] shall be computed -

    (a) without making any allowance for the fact that the tax will not be due immediately, and

    (b) as if any tax recovered otherwise than from the transferor (or a person liable for it under section 203(1) below) were paid in discharge of a liability in respect of which the transferor had a right to reimbursement.

[1975 Sch.10 para.2.]

(4) A liability which is an incumbrance on any property shall, so far as possible, be taken to reduce the value of that property.

[1975 Sch.10 para.3.]

(5) Where a liability taken into account is a liability to a person resident outside the United Kingdom which neither -

    (a) falls to be discharged in the United Kingdom, nor

    (b) is an incumbrance on property in the United Kingdom,

it shall, so far as possible, be taken to reduce the value of property outside the United Kingdom.

   
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1 See 1986 s.100(1) and (2) - for any liability to tax arising on and after 25 July 1986 any reference in the legislation to capital transfer tax has effect as a reference to inheritance tax.