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HMRC internal manual

Inheritance Tax Manual

Pre-owned assets: exemptions: property in a person’s estate that derives its value from the relevant property

The exemption in FA04/Sch15/Para 11(1) (IHTM44041) also applies to relevant property where a person’s estate includes property which derives its value from that property, FA04/Sch15/Para11(2). Where the value of the derivative property, so far as is attributable to the relevant property, is substantially less than the value of the relevant property

  • the appropriate rental value of the relevant land, or
  • the appropriate amount in respect of the chattel, or
  • the chargeable amount in relation to the relevant intangible property

must be reduced by such proportion as is reasonable to take account of the inclusion of the derivative property in the person’s estate. You should normally regard the value of the derivative property as being ‘substantially less’ than that of the relevant property where the difference in value is more than 20%. Any case where you consider the exemption should apply (or not apply) in full and there is a reduction of more (or less) than 20% should be referred to Technical.


Bruce transfers his house to a company wholly owned by him. The value of the shares in the company which are included in Bruce’s estate is fully derived from the value of the house and so the exemption in FA04/Sch15/Para 11(1) applies.

But if Bruce gave the house to a company which was owned 25% by his civil partner then the value of the 75% shares he holds would be ‘substantially less’ than the value of the house, so although the POA charge would apply, the appropriate rental value should be reduced by a reasonable proportion, perhaps 75%, to reflect the value of the shares in Bruce’s estate.