Land held outside company-is it eligible for Business Property Relief?

Land held outside company-is it eligible for...

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A trading company is owned 75% by Mr X and 25%by his daughter Miss X.The wife of the controlling shareholder has no shares in the company but owns the property from which it is traded.Mrs X has recently died and the question has arisen whether the property qualifies for 50% BPR.Capital Taxes Office accept that she controls the company by virtue of the related party rules and Section 269 IHTA 1984.However,because she owns no shares herself the HMRC interpretation of Section 105(6)IHTA 1984 is that she cannot receive any BPR.They have said that,even if she held 5% of the shares,she would still not qualify as she personally needs to control the company.It seems therefore that the related party rules are ignored for this purpose.Has anyone experienced this approach before and do they agree that HMRC are correct in their view?
Daniel Jones

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