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HMRC internal manual

Inheritance Tax Manual

European Economic Area (EEA) - retrospective application for transfers of value before 22 April 2009

Under section 122(7) Finance Act 2009 the agricultural relief provisions were extended to states within the EEA (IHTM24256) but outside the United Kingdom, Channel Islands and Isle of Man retrospectively to transfers of value where the tax (or any instalment thereof) payable but for section 122:

  • would have been due on or after 22 April 2009, or
  • was paid or due on or after 23 April 2003.

Where tax referred to in this subsection has already been paid, HMRC must repay tax and appropriate interest if, but only if, a claim for repayment is made on or before:

  • the date determined under section 241(1) of the IHTA84 as the last date on which the claim may be made, or
  • 21 April 2010,

whichever is later, FA2009/S122(8).

Where no tax in respect of the agricultural property in an EEA state has been paid, because business property relief (IHTM25131) has been given, then no right to repayment under S122 (8) will arise.

Any case where a claim for a repayment under the extended provisions is made should be referred to Technical as soon as possible.