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Change year: 2010

Section 10 Inheritance deemed to be taken

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(1) For the purposes of this Act you are deemed to take an inheritance, where, under or in consequence of any disposition, you become beneficially entitled in possession on a death to any benefit (whether or not you already have any interest in the property in which you take such benefit), otherwise than for full consideration in money or money's worth paid by you.

When am I considered to take an inheritance?

(1) You take an inheritance where under a disposition you become beneficially entitled in possession, on a death (section 3), to any benefit otherwise than for full consideration in money or money's worth.

(2) Subsections (2), (4) and (5) of section 5 shall apply, with any necessary modifications, in relation to an inheritance as they apply in relation to a gift.

How is the "appropriate part" determined for inheritances?

(2) The "appropriate part" rules which section 5(2), (4) and (5) apply in relation to gifts, also apply to inheritances.

(3) For the purposes of section 11(1)(b) and 11(2)(c), the sum referred to in section 5(2)(b) is deemed not to be situate in the State at the date of the inheritance.

Where is the capital value of an annuity in an inheritance deemed to be located?

(3) In deciding whether an inheritance is a taxable inheritance, the capital value of an inheritance consisting of an annuity (section 5(2), as adapted) is deemed not to be situate in the State at the date of the inheritance.

(4)(a) In paragraph (b), the expression "shares in a private company" is construed by reference to the meanings that "share" and "private company" have, respectively, in section 27.

(b) Where a person becomes beneficially entitled in possession to a benefit, and the property in which the benefit is taken consists wholly or partly of shares in a private company and where the consideration referred to in subsection (1), being consideration in relation to a disposition, could not reasonably be regarded (taking into account the disponer's position prior to the disposition) as representing full consideration to the disponer for having made such a disposition, subsection (1) is deemed to apply as if "otherwise than for full consideration in money or money's worth paid by such person" were deleted in that subsection.

If I take an inheritance of shares in a private company, is the definition of "inheritance" modified?

(4) This subsection modifies the effect of subsection (1) in certain circumstances. Subsection (1) treats an inheritance as arising where you take a benefit gratuitously, i.e., otherwise than for full consideration. In effect, therefore, if full cons...

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