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Chapter IHTM33061

Document Cited authorities 1 Cited in Related
Vincent
Published date20 March 2016
Record NumberIHTM33061
CourtHM Revenue & Customs
IssuerHM Revenue & Customs

Rather than defining what is meant by the term ‘interest in land’ IHTA84/S190 (1) defines the sorts of interest that are not included within the definition. Under IHTA84/S190 (1) any estate, interest or right by way of a mortgage or other security, is not an interest in land for the purposes of loss on sale of land relief..

So, you should regard an interest in land as including:

  • any estate or interest in land and buildings
  • of any tenure
  • whether in the UK or outside, and
  • any interest in land or buildings under a trust for sale.

For the relief to apply the interest in land must actually be comprised in the deceased’s estate (IHTM04043). It is not enough that the interest in land only underlies what is...

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