HC Deb 07 March 1978 vol 945 c621W
Lord James Douglas-Hamilton

asked the Chancellor of the Exchequer if he will seek to amend the Finance Act 1975, Section 28(1) to clarify the law of Scotland on Inland Revenue charges and on payments to persons in whom property is vested and to make evident any contrast with estate duty so far as concerns liability to capital transfer tax on heritage of executors, liferenters and fiars, respectively.

Mr. Denzil Davies,

pursuant to his reply [Official Report, 6th March 1978], gave the following information:

Section 28(1) of the Finance Act 1975 was not thought to have produced any difference in the incidence of capital transfer tax from that of estate duty. I am aware that doubts have been expressed about the incidence of capital transfer tax under Scots law and the Inland Revenue is now considering the position with its legal advisers in Scotland. Meanwhile, it would be premature to consider legislation.

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