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HMRC internal manual

Inheritance Tax Manual

Sales of related property, etc: property that qualifies for relief

To qualify for relief under IHTA84/S176 the sold property (IHTM04030) must have been originally valued

  • under the related property (IHTM09731) provisions in IHTA84/S161, or
  • in conjunction with other property which was included in the deceased’s estate (IHTM04029) but which has not been vested at any time since the death in the persons who sold the property concerned. (For example, where two items of property are included in two separate continuing trust funds (IHTM16000) in which the deceased has an interest that ceased on death.), IHTA84/S176 (1).

You should be aware that under the law that applies in England and Wales settled land may vest in the personal representatives of a deceased life tenant (IHTM16000) under the rules in Re Bridgett and Hayes Contract [1928] Ch 163. This applies where the land is vested in the deceased and on his death that settlement comes to an end because absolute beneficial interests or a trust for sale take effect.

Example

At death a field owned by the deceased is valued as part of an entity that includes adjoining land which was owned by his wife or was property of which the deceased was a life tenant the property would qualify for relief unless Re Bridgett and Hayes Contract applied.

If the adjoining land was also owned by the deceased (or, being settled property, Re Bridgett and Hayes Contract applies), the property would not qualify for relief.