IHTM24256 - European Economic Area (EEA) - transfers of value on or after 22nd April 2009

Under section 122(3)(b) Finance Act 2009 the agricultural relief provisions were extended to land in states within the European Economic Area (EEA) but outside the United Kingdom, Channel Islands and Isle of Man as from 22 April 2009. This practice was ended under section 11 of the Finance (No.2) Act 2024 with effect from 6 April 2024, when relief was also withdrawn from property in the Channel Islands and the Isle of Man.

The states within the EEA at 22 April 2009 were, in alphabetical order:

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

Any case where a claim for agricultural relief is made in respect of any property within the EEA but outside the United Kingdom should be referred to Technical as soon as you receive the completed form IHT414 (IHTM24255).

This extended relief was retrospective and applied, under section 122(7) Finance Act 2009, 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. It is unlikely you will see cases involving this provision as it will generally be too late to claim a repayment but refer to Technical if the issue arises.