Section 577 Termination of life interest on death of person entitled
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(1)(a) In this section, "life interest", in relation to a settlement-
(i) includes a right under the settlement to the income of, or the use or occupation of, settled property for the life of a person (or for the lives of persons) other than the person entitled to the right,
(ii) does not include any right which is contingent on the exercise of the discretion of the trustee or the discretion of some other person, and
(iii) does not include an annuity, notwithstanding that the annuity is payable out of or charged on settled property or the income of settled property except where some or all of the settled property is appropriated by the trustees as a fund out of which the annuity is payable and there is no right of recourse to settled property not so appropriated, or to the income of settled property not so appropriated.
(b) Without prejudice to subsection (4)(b), where under paragraph (a)(iii) an annuity is to be treated as a life interest in relation to a settlement, the settled property or the part of the settled property appropriated by the trustees as a fund out of which the annuity is payable shall, while the annuity is payable and on the occasion of the death of the annuitant, be treated for the purposes of subsection (3) as being settled property under a separate settlement.
(2) Where by virtue of section 576(1) the assets forming part of any settled property are deemed to be disposed of and reacquired by the trustee on the occasion when a person becomes absolutely entitled to the assets as against the trustee, then, if that occasion is the termination of a life interest by the death of the person entitled to that interest-
(a) no chargeable gain shall accrue on the disposal, and
(b) the reacquisition under that section shall be deemed to be for a consideration equal to the market value of the assets at the date of the death.
How am I taxed where I become beneficially entitled to trust assets on the death of a life tenant?
(2) Where, as a beneficiary, you become absolutely entitled to trust assets on the death of the holder of a life interest, although the trustee is treated as having disposed of and immediately re-acquired that property at market value, as your nomine...
(3) On the termination of a life interest in possession in all or any part of settled property, the whole or a corresponding part of each of the assets forming part of the settled property and not ceasing at that time to be settled property shall be deemed for the purposes of the Capital Gains Tax Acts at that time to be disposed of by the trustee, and immediately reacquired by the trustee, for a consideration equal to the whole or a corresponding part of the market value of the asset.
Where a life interest in trust property ceases, what is the tax treatment of assets remaining in trust?
(3) Where a life interest in trust property ceases, any part of that trust property that remains trust property is deemed to have been disposed of, and immediately re-acquired by, the trustee at market value.
(4) For the purposes of subsection (3)-
(a) a life interest which is a right to part of the income of settled property shall be treated as a life interest in a corresponding part of the settled property, and
(b) if there is a life interest in a part of the settled property and, where that interest is a life interest in income, there is no right of recourse to, or to the income of, the remainder of the settled property, the part of the settled property in which the life interest subsists shall while it subsists be treated for the purposes of this subsection as being settled property under a separate settlement.
(5)(a) Subject to paragraph (b), where-
(i) as a consequence of a termination, on the death of the person entitled to it, of a life interest in settled property, subsection (3) applies, and
(ii) an asset which forms the whole or any part of that settled property-
(I) is comprised in an inheritance (within the meaning of the [Capital Acquisitions Tax Consolidation Act 2003]1) taken on the death, and
(II) is exempt from tax in relation to the inheritance under section 77 of that Act, or that section as applied by [section 77(6) and (7) of the Capital Acquisitions Tax Consolidation Act 2003]1,
that asset shall for the purposes of subsection (3), be excluded from the assets deemed to be disposed of and immediately reacquired.
(b) Where, in a year of assessment, in respect of an asset an exemption from tax in relation to an inheritance referred to in paragraph (a) ceases to apply, then, the chargeable gain which but for paragraph (a) would have accrued to the trustee on the termination of the life interest in accordance with subsection (3) shall be deemed to accrue to the trustee in that year of assessment and shall accordingly be included in the return required to be made by the trustee concerned under section 951, for that year of assessment.
Amendments
1 Substituted by Capital Acquisitions Tax Consolidation Act 2003 section 119 and Schedule 3.
Where a life interest in heritage property ends, what are the CGT consequences?
(5) Where a life interest in a heritage house or items (exempt from inheritance tax under Capital Acquisitions Tax Consolidation Act 2003 section 77) ends, the heritage property is not treated as having been disposed of, and immediately re-acquired b...
