I7.506 Undertakings

I7.506 Undertakings

In addition to the designation by the Board (see I7.504), it is necessary for an undertaking to be given by the person the Board thinks appropriate in the circumstances of the case1. Generally speaking, this will be the transferee—that is, the intended beneficial owner. Where the property will be subject to a trust, the trustee is also required to give the undertaking.

Pictures, prints, books etc

With regard to pictures, prints, books, manuscripts, works of art, scientific collections and other things not producing income, the requisite undertaking is that, until the person beneficially entitled to the property dies or the property is disposed of, whether by sale or gift or otherwise:

  1.  

    •     the property will be kept permanently in the UK and will not leave it temporarily except for a purpose and a period approved by the Board, and

  2.  

    •     such steps as are agreed between the Board and the person giving the undertaking, and are set out in it, will be taken for the preservation of the property and for securing reasonable access to the public2

An application to send an object abroad temporarily should be made to the Capital Taxes Office before applying for an export licence, which may be required from the DTI

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