The Commissioners for HM Revenue and Customs v Joseph Nicholas Hanson (as Trustee of the William Hanson 1957 Settlement): [2013] UKUT 0224 (TCC)
Upper Tribunal Tax and Chancery decision of Mr Justice Warren and Judge Aleksander on 17 May 2013.
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.INHERITANCE TAX – deemed transfer on death – deceased’s estate included a farmhouse –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 from Tax Chamber dismissed.