Heritage property

The conditional exemption

The conditional exemption is an inheritance tax (IHT) relief contained in sections 30 and 31 of the Inheritance Tax Act 1984 (IHTA 1984). The basic premise of the scheme is to allow relief from IHT on a conditional basis in return for the provision of undertakings to preserve the property, allow reasonable public access to it and (in relation to moveable property) to keep it in the UK. On the sale or other disposal of the item or on any breach of an undertaking, the conditional exemption is withdrawn and a charge to tax arises.

In order to be eligible for conditional exemption, the asset must be one of the following:

  1. buildings, estates or parklands of outstanding historical or architectural interest

  2. land of outstanding scenic interest

  3. land of outstanding scientific interest including special areas for the conservation of wildlife, plants and trees, or

  4. objects which are pre-eminent for their national, scientific, historic or artistic interest, either individually or as a collection and in their own right or due to a connection with historical buildings

HMRC determines which assets qualify

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Private Client News

All in? Court confirms when a settlement is 'made' for the purposes of excluded property (Accuro Trust (Switzerland) SA v The Commissioners for HMRC)

Private Client analysis: This case considered the meaning of 'relevant property' under the settlements regime of the Inheritance Tax Act 1984 (IHTA 1984) and, in particular, the time at which this definition is to be tested. The question arose as to whether the trustees of an offshore trust established by a non-UK domiciled settlor were subject to the UK settlements regime in respect of property added to the trust after the settlor became deemed domiciled in the UK, or whether they were exempt from such charges as the trust consisted solely of excluded property. The First-tier Tribunal (FTT) held that whether trust property is excluded property is based on the status of the trust at the time that it was established, not at the time that the property in question was added to the settlement. As a result, the trust in this case did consist solely of excluded property and no inheritance tax (IHT) charges arose as a result of either the ten-year anniversary or capital distributions. The FTT was also asked to consider whether their jurisdiction was appellate, or supervisory only. The FTT held that, while their jurisdiction was supervisory, the questions raised by the trustees were relevant in establishing whether HMRC had acted reasonably and that the outcome (ie that the paid IHT should be refunded and that no further IHT was due) would be the same in either case. Written by Katherine Willmott, senior associate solicitor at Foot Anstey LLP.

View Private Client by content type :

Popular documents