Finance Act, 1993

Exemption of certain policies of assurance.

133.—(1) In this section “policy” means a contract entered into by a company in the course of carrying on a foreign life assurance business within the meaning of section 36 of the Finance Act, 1988 .

(2) Where any interest in a policy is comprised in a gift or an inheritance, then any such interest—

(a) shall be exempt from tax, and

(b) shall not be taken into account in computing tax on any gift or inheritance taken by a donee or successor,

if, but only if, it is shown to the satisfaction of the Commissioners that—

(i) such interest is comprised in the gift or inheritance at the date of the gift or at the date of the inheritance;

(ii) at the date of the disposition—

(I) the disponer is neither domiciled nor ordinarily resident in the State, or

(II) the proper law of the disposition is not the law of the State;

(iii) at the date of the gift or at the date of the inheritance, the donee or successor is neither domiciled nor ordinarily resident in the State.

(3) This section shall apply to any interest in a policy issued on or after the 1st day of December, 1992.