Finance Act 2014

Amendment of section 82 of Principal Act (exemption of certain receipts)

81. (1) Section 82 of the Principal Act is amended—

(a) in subsection (2) by substituting the following for paragraph (a):

“(a) by—

(i) a minor child of the disponer or of the civil partner of the disponer, or

(ii) a child of the disponer, or of the civil partner of the disponer, who is more than 18 years of age but not more than 25 years of age and is receiving full-time education or instruction at any university, college, school or other educational establishment, or who, regardless of age, is permanently incapacitated by reason of physical or mental infirmity from maintaining himself or herself, or

(iii) a person in relation to whom the disponer stands in loco parentis,

for support, maintenance or education, or”,

(b) by substituting the following for subsection (4):

“(4) The receipt by—

(a) a minor child of the disponer or of the civil partner of the disponer, or

(b) a child of the disponer, or of the civil partner of the disponer, who is more than 18 years of age but not more than 25 years of age and is receiving full-time education or instruction at any university, college, school or other educational establishment, or who, regardless of age, is permanently incapacitated by reason of physical or mental infirmity from maintaining himself or herself,

of money or money’s worth for support, maintenance or education, at a time when the disponer and the other parent of any such minor child or child of the disponer are dead or, in the case of any such minor child or child of the civil partner of the disponer, when the disponer and the civil partner are dead, is not a gift or an inheritance where the provision of such support, maintenance or education—

(i) is such as would be part of the normal expenditure of a person in the circumstances of the disponer immediately before the death of the disponer, and

(ii) is reasonable having regard to the financial circumstances of the disponer immediately before the death of the disponer.”,

and

(c) by inserting the following subsections after subsection (4):

“(5) The references in subsections (2) and (4) to a child receiving full-time education or instruction at an educational establishment shall include references to a child undergoing training by any person (in subsection (6) referred to as ‘the employer’) for any trade or profession in such circumstances that the child is required to devote the whole of his or her time to such training for a period of not less than 2 years.

(6) For the purposes of this section, in the case of a child undergoing training, the Commissioners may require the employer to furnish such particulars as they may reasonably require with respect to the training of the child in such form as may be prescribed by the Commissioners.”.

(2) This section applies on and from the date of the passing of this Act.