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HMRC internal manual

Inheritance Tax Manual

From
HM Revenue & Customs
Updated
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Investigation of form IHT405: exceptions where no referral to the VOA is necessary

Although most interests in land are referred to the VOA (IHTM23002) there are some exceptions where it is not necessary to do so. These are

  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

  • land subject to a binding contract for sale at the date of death

Instructions at IHTM23186 explain what to do with such property.

  • Land subject to compulsory acquisition

You should not normally need to consult the VOA but see the instructions at IHTM23187 

  • Partnership property

Do not refer the partnership land (IHTM23198) to the VOA unless the value of the deceased’s interest has to be ascertained by reference to the partnership assets.

  • Cases prior agreed by the VOA

A reference may not be necessary - refer to Technical any case where there has been prior agreement.

  • Leasehold interest subject to statutory restrictions

Refer any case to Technical where the taxpayer contends that statutory provisions which prohibit or restrict the amount which may lawfully be demanded on the assignment of a lease limit the value of the deceased’s leasehold (IHTM23001) interest for IHT purposes.

  • Land sold under a binding contract entered into after the death.
  • In certain circumstances a referral may not be necessary, or can be recalled - see instructions at IHTM23185.
  • Housing associations/sheltered housing schemes

You should not normally need to consult the VOA but see the instructions at IHTM23181