'New' Scottish Proper Liferent - IHT & CGT Treatment

[SP11]

These are a historic bit of planning and I do not foresee any post 22 March 2006 proper liferents being created given the benefits have long since been extinguished particularly around care home fees however some have and I want to be sure I understand the IHT and CGT treatment, particularly the IHT treatment of post 22 March 2006 proper liferents.

My understanding is that the old ones created before 22 March 2006 were treated the same as old IIPs - PET by settlor however they are treated as a GWRB as settlor is generally living in the property until death and therefore falls into the settlor/liferenter's estate on death as per S43 and S46 IHTA 1984. For CGT there is a corresponding uplift to MV on death per S62/S63 TCGA 1992.

For Post 21 March 2006 Scottish proper liferents that someone has, for whatever reason, put in place, does S43(4)(c) carry through in that it's treated as a settlement for IHT purposes and as it is not a Transitional Serial Interest, nor a or a Disabled Person's Interest or a IPDI is therefore relevant property per S58 and subject to the usual 10 yearly charges (and entrance/exit if applicable) if the property value is above NRB and reportable regardless if it's not an excepted settlement? It seems a bit harsh if the property value falls into the settlor's estate as a GWRB that it would also be classified as relevant property.

For CGT purposes for post 21 March 2006 Scottish proper liferents my understanding is that unlike S72 TCGA 1992 the uplift to MV still applies per S62/S63 TCGA 1992 as there is no commentary on pre/post 2006 within those sections. Of course this is largely academic given the settlor will almost certainly be living in the property as their main residence in any case and generally can benefit from the additional 36 months relief if they go into care before they pass.