Skip to main content

AI Summary of 8. Disponer in certain connected dispositions.

This section deems a chain of dispositions within a three-year period before and after a gift to be taken from the original disponer. Where a donee who takes a gift makes a further disposition within the period commencing three years before and ending three years after the date of that gift, and subsequent donees similarly take gifts, each donee is treated as taking from the original disponer rather than from the immediate disponer; such a deemed gift is treated as an inheritance (not a gift) where the original disponer dies within two years of the original disposition and the disposition date is on or after 1 April 1975.

The section does not apply to any first-mentioned disposition to the extent that no other disposition connected as described in subsection (1) was made with a view to enabling or facilitating that first-mentioned disposition or the recoupment in any manner of its cost.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 21 February 2003 - onwards

8. Disponer in certain connected dispositions.

(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