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Change year: 2010

Section 8 Disponer in certain connected dispositions

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(1) Where a donee takes a gift under a disposition made by a disponer (in this section referred to as the original disponer) and, within the period commencing 3 years before and ending 3 years after the date of that gift, the donee makes a disposition under which a second donee takes a gift and whether or not the second donee makes a disposition within the same period under which a third donee takes a gift, and so on, each donee is deemed to take a gift from the original disponer (and not from the immediate disponer under whose disposition the gift was taken); and a gift so deemed to be taken is deemed to be an inheritance (and not a gift) taken by the donee, as successor, from the original disponer if-

(a) the original disponer dies within 2 years after the date of the disposition made by that original disponer, and

(b) the date of the disposition was on or after 1 April 1975.

If I want to transfer a gift I received to someone else, what special rule applies?

(1) This rule applies where, within three years before or after the date of the gift from a disponer (the original disponer), you (the donee) give the property you have received to a second donee. It also applies where the second donee passes on the ...

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(2) This section shall not apply in the case of any disposition (in this subsection referred to as the first-mentioned disposition) in so far as no other disposition, which was connected in the manner described in subsection (1) with such first-mentioned disposition, was made with a view to enabling or facilitating the making of the first-mentioned disposition or the recoupment in any manner of the cost of such first-mentioned disposition.

What is the exception to the "connected disposition" rule?

(2) This rule does not apply if it can be shown that the second or subsequent dispositions were not made with a view to enabling the making of the original disposition or the recoupment of its cost in any manner.

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