Section 59 — Inheritance Tax Act 1984: Qualifying interest in possession.

Qualifying interest in possession. 59 1 In this Chapter “ qualifying interest in possession ” means—

a an interest in possession—

i to which an individual is beneficially entitled, and ii which, if the individual became beneficially entitled to the interest in possession on or after 22nd March 2006, is an immediate post-death interest, a disabled person's interest or a transitional serial interest, or b an interest in possession to which, where subsection (2) below applies, a company is beneficially entitled.

2 This subsection applies where—

a the business of the company consists wholly or mainly in the acquisition of interests in settled property, and b the company has acquired the interest for full consideration in money or money’s worth from an individual who was beneficially entitled to it , and c if the individual became beneficially entitled to the interest in possession on or after 22nd March 2006, the interest is an immediate post-death interest, or a disabled person's interest within section 89B(1)(c) or (d) below or a transitional serial interest, immediately before the company acquires it.

3 Where the acquisition mentioned in paragraph (b) of subsection (2) above was before 14th March 1975—

a the condition set out in paragraph (a) of that subsection shall be treated as satisfied if the business of the company was at the time of the acquisition such as is described in that paragraph, and b that condition need not be satisfied if the company —

i is an insurance company (within the meaning of Part 2 of the Finance Act 2012),

and ii has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance.

4 In subsection (3)(b) above “contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.