Capital Acquisitions Tax Consolidation Act 2003
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Provisions to apply where section 98 of Succession Act 1965 has effect. [CATA 1976 s33] |
42.—(1) If, on the death of a testator and by virtue of section 98 of the Succession Act 1965 , or otherwise, a disposition takes effect as if a person, who had predeceased the testator, had survived the testator, the benefit taken by the estate of that person is not deemed to be an inheritance. | |
(2) Where a person survives a testator, and— | ||
(a) such person becomes beneficially entitled, under a disposition made by a person who predeceased the testator, to any benefit in relation to any property devised or bequeathed by the testator, and | ||
(b) section 33 of the Wills Act 1837, or section 98 of the Succession Act 1965 , or any analogous provision of the law of another territory has effect in relation to the devise or bequest, | ||
such person is deemed for the purposes of inheritance tax to derive the benefit from the testator, as disponer. |