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Decision Number: |
TC 01791 |
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Appellant:
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Joseph Nicholas Hanson as Trustee of the William Hanson 1957 Settlement |
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Respondent:
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The Commissioners for Her Majesty's Revenue & Customs |
Chairmen / Special
Commissioners: |
John L WALTERS QC
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Date Of Decision:
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31/01/2012 |
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Main Category:
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INHERITANCE TAX |
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Main Subcategory:
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Business/agricultural reliefs |
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Notes:
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INHERITANCE TAX – deemed transfer on death – deceased’s estate
included a farmhouse – whether the Appellant, who had been in occupation
of the farmhouse at the date of the death and for some years prior thereto
and had incurred expenditure on the farmhouse, had acquired an equitable
interest in the farmhouse such as to reduce or eliminate the value
attributable thereto which ought to be included in the deceased’s estate –
held, no – whether the farmhouse was agricultural property within section
115(2) Inheritance Tax Act 1984 – nature of the nexus required between a
farmhouse and the agricultural land or pasture etc. in the definition –
whether such nexus was occupation and ownership or only occupation –
held, the nexus is only occupation – Special Commissioner’s decision in
Rosser v IRC [2003] STC (SCD) 311 not followed – appeal allowed |
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Decision(s) to Download:
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TC01791.pdf 
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