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Contents

Official guidance
Inheritance Tax Manual

IHTM24000 · Agricultural relief

  • IHTM24001 · Introduction: introduction to agricultural relief
  • IHTM24011 · Overview of agricultural relief: outline of the relief
  • IHTM24012 · Overview of agricultural relief: General conditions
  • IHTM24013 · Overview of agricultural relief Information sources
  • IHTM24014 · Overview of agricultural relief: Reviewing the information
  • IHTM24015 · Overview of agricultural relief: Sole farming businesses
  • IHTM24016 · Overview of agricultural relief: Farming partnerships
  • IHTM24017 · Overview of agricultural relief: deceased as landlord
  • IHTM24020 · Unlisted shares: Introduction
  • IHTM24021 · Unlisted shares: Sale within three years of death
  • IHTM24022 · Unlisted shares: Rate of relief
  • IHTM24023 · Unlisted shares: Occupation and ownership tests
  • IHTM24024 · Unlisted shares: Replacements
  • IHTM24030 · Agricultural property: definition of agricultural property
  • IHTM24031 · Agricultural property: definition of agricultural land or pasture
  • IHTM24032 · Agricultural property: Woodlands
  • IHTM24033 · Agricultural property: Buildings used for the intensive rearing of livestock or fish
  • IHTM24034 · Agricultural property: Farm cottages
  • IHTM24035 · Agricultural property: farm buildings
  • IHTM24036 · Agricultural property: Farmhouses
  • IHTM24037 · Agricultural property: Agricultural ‘property’
  • IHTM24038 · Agricultural property: Scotland
  • IHTM24039 · Agricultural property: Fishing and sporting rights
  • IHTM24040 · Agricultural property: Contracts and trusts for sale
  • IHTM24050 · Character appropriate: Introduction
  • IHTM24051 · Character appropriate: Farmhouses
  • IHTM24052 · Character appropriate: How are the factors to be balanced
  • IHTM24053 · Character appropriate: Golding v HMRC [2011] UKFTT 351 (TC)
  • IHTM24060 · Agricultural purposes: Introduction
  • IHTM24061 · Agricultural purposes: Qualifying uses of land
  • IHTM24062 · Agricultural purposes: Other uses of land
  • IHTM24063 · Agricultural purposes: short rotation coppice
  • IHTM24064 · Agricultural purposes: Set-aside scheme
  • IHTM24065 · Agricultural purposes: Qualifying uses of land: the habitat scheme
  • IHTM24066 · Agricultural purposes: the countryside stewardship scheme
  • IHTM24067 · Agricultural purposes: Farm Woodland Premium Scheme and other agri-environmental schemes
  • IHTM24068 · Agricultural purposes: Stud farms
  • IHTM24070 · Occupation: Introduction
  • IHTM24071 · Occupation: The occupation condition
  • IHTM24072 · Occupation: When is property occupied?
  • IHTM24073 · Occupation: Land Let on Grazing Licence
  • IHTM24074 · Occupation: Definition of a lease as opposed to a licence
  • IHTM24075 · Occupation: Northern Ireland
  • IHTM24076 · Occupation: When is property not occupied?
  • IHTM24080 · Share farming and contract farming agreements: Introduction
  • IHTM24081 · Share farming and contract farming agreements: Share farming
  • IHTM24082 · Share farming and contract farming agreements: Contract farming
  • IHTM24090 · Occupation of farmhouses, cottages and farm buildings: Introduction
  • IHTM24091 · Occupation of farmhouses, cottages and farm buildings: Farmhouses
  • IHTM24092 · Occupation of farmhouses, cottages and farm buildings: Cottages
  • IHTM24093 · Occupation of farmhouses, cottages and farm buildings: Farm buildings
  • IHTM24100 · Ownership: Introduction
  • IHTM24101 · Ownership: The meaning of ownership
  • IHTM24102 · Ownership: Reversionary interests
  • IHTM24110 · Replacement property: Introduction
  • IHTM24111 · Replacement property: Application of IHTA84/S118
  • IHTM24112 · Replacement property: Limitation of the relief
  • IHTM24113 · Replacement property: Example of limiting the relief
  • IHTM24114 · Replacement property: Interaction with business relief
  • IHTM24120 · Successions: Introduction
  • IHTM24121 · Successions: Application of IHTA84/S120
  • IHTM24122 · Successions: The occupation requirement
  • IHTM24123 · Successions: Example of the occupation requirement
  • IHTM24124 · Successions: Example of occupation by a company
  • IHTM24125 · Successions: Application with the transitional provisions (working farmer relief)
  • IHTM24130 · Successive transfers: Introduction
  • IHTM24131 · Successive transfers: Application of IHTA84/S121
  • IHTM24132 · Successive transfers: The occupation condition
  • IHTM24133 · Successive transfers: Limitations on relief
  • IHTM24134 · Successive transfers: Examples of relief
  • IHTM24140 · The rate of relief: Introduction
  • IHTM24141 · The rate of relief: Vacant possession and the higher rate of relief example of occupation by a company
  • IHTM24142 · The rate of relief: Grazing licences and the higher rate of relief
  • IHTM24143 · The rate of relief: Tenancies created on or after 1 September 1995 and the higher rate of relief
  • IHTM24144 · The rate of relief: Vacant possession and extra statutory concession F17
  • IHTM24145 · The rate of relief: Transitional provisions for relief (working farmers’ relief) at the higher rate for let land
  • IHTM24150 · Value and Valuation: Agricultural value of agricultural property
  • IHTM24151 · Value and Valuation: Excess of value over agricultural value, interaction with business relief
  • IHTM24152 · Value and Valuation: Treatment of mortgages and debts
  • IHTM24153 · Value and Valuation: Partnership interests
  • IHTM24154 · Value and Valuation: Buildings and fixtures erected by tenant farmers
  • IHTM24155 · Value and Valuation: Interaction with exemptions
  • IHTM24160 · The District Valuer: Introduction
  • IHTM24161 · The District Valuer: general issues
  • IHTM24162 · The District Valuer: Extent of agricultural property in the estate
  • IHTM24163 · The District Valuer: Investigation of character appropriate before the VOA referral
  • IHTM24164 · The District Valuer: VOA interim report
  • IHTM24165 · The District Valuer: Role of the District Valuer
  • IHTM24166 · The District Valuer: Character appropriate
  • IHTM24167 · The District Valuer: Additional advice on agricultural property
  • IHTM24170 · Lifetime transfers: Introduction
  • IHTM24171 · Lifetime transfers: Transfer of part of an agricultural holding
  • IHTM24172 · Lifetime transfers: Additional conditions
  • IHTM24173 · Lifetime transfers: The four additional conditions
  • IHTM24174 · Lifetime transfers: The ‘original property’
  • IHTM24175 · Lifetime transfers: Where shares or securities are the ‘original property’
  • IHTM24176 · Lifetime transfers: Continuing ownership
  • IHTM24177 · Lifetime transfers: The remaining agricultural property
  • IHTM24178 · Lifetime transfers: Continuing occupation
  • IHTM24179 · Lifetime transfers: The transferee
  • IHTM24180 · Lifetime transfers: Failure to satisfy the additional conditions
  • IHTM24181 · Lifetime transfers: Replacement property (other than shares or securities)
  • IHTM24182 · Lifetime transfers: Replacement property: shares or securities
  • IHTM24200 · Gifts with reservation of benefit: Introduction
  • IHTM24201 · Gifts with reservation of benefit: Qualifying conditions (excluding shares and securities)
  • IHTM24202 · Gifts with reservation of benefit: Agricultural property at the time of the GWR charge
  • IHTM24203 · Gifts with reservation of benefit: Qualifying conditions for shares and securities
  • IHTM24204 · Gifts with reservation of benefit: Interaction with business relief for shares and securities
  • IHTM24205 · Gifts with reservation of benefit: Notional transfer by the donee
  • IHTM24206 · Gifts with reservation of benefit: Disposal of gifted property by the donee
  • IHTM24210 · Agricultural tenancies: Introduction
  • IHTM24211 · Agricultural tenancies: Overview of the legislation 1948 to 1995
  • IHTM24212 · Agricultural tenancies: The Agricultural Holdings (Scotland) Act 2003
  • IHTM24213 · Agricultural tenancies: The Crofting Acts
  • IHTM24220 · Agricultural Holdings Act 1986: what is an agricultural holding?
  • IHTM24221 · Agricultural Holdings Act 1986: the protected annual tenancy
  • IHTM24222 · Agricultural Holdings Act 1986: extension to statutory protection
  • IHTM24223 · Agricultural Holdings Act 1986: Exceptions to statutory protection
  • IHTM24224 · Agricultural Holdings Act 1986: security of tenure
  • IHTM24225 · Agricultural Holdings Act 1986: sub-tenancies of agricultural land
  • IHTM24226 · Agricultural Holdings Act 1986: succession to agricultural holdings
  • IHTM24230 · Inheritance tax implications of the AHA 1986 and Agricultural Holdings (Scotland) Act 1991: Introduction
  • IHTM24240 · Agricultural Tenancies Act 1995: Introduction
  • IHTM24241 · Agricultural Tenancies Act 1995: Tenancies excluded from the 1995 Act
  • IHTM24242 · Agricultural Tenancies Act 1995: The contract of an ATA 1995 Act tenancy
  • IHTM24243 · Agricultural Tenancies Act 1995: Inheritance tax implications of the ATA 1995
  • IHTM24253 · Other issues: Comparison with the income tax provisions (for farming and exploitation of land)
  • IHTM24254 · Other issues: Payments and grants
  • IHTM24255 · Other issues: Form IHT414
  • IHTM24256 · European Economic Area (EEA) - transfers of value on or after 22nd April 2009
  • IHTM24300 · Environmental Management Agreements: Introduction
  • IHTM24301 · Environmental Management Agreements: Qualifying agreements
  • IHTM24302 · Environmental Management Agreements: Agricultural property
  • IHTM24303 · Environmental Management Agreements: Character appropriate
  • IHTM24304 · Environmental Management Agreements: Occupation and ownership
  • IHTM24305 · Environmental Management Agreements: Agricultural value
  • IHTM24306 · Environmental Management Agreements: Historic agreements
  • IHTM24307 · Environmental Management Agreements: AR after the end of a qualifying agreement
  • IHTM24308 · Environmental Management Agreements: Investigation
  • IHTM24083 · When is property not occupied?
  • IHTM24250 · Other issues: Milk quotas
  • IHTM24251 · Other issues: Valuing milk quotas
  • IHTM24252 · Other issues: Sugar Beet Quotas
  • IHTM24257 · European Economic Area (EEA) - retrospective application for transfers of value before 22 April 2009
  1. Agricultural relief: contents
  2. The District Valuer: Role of the District Valuer

IHTM24165 | The District Valuer: Role of the District Valuer

From HM Revenue & Customs · Inheritance Tax Manual

The role of the DV is to agree the agricultural value (IHTM24150) and in cases where, the property has value for development or value for other non agricultural uses or there is an attractive farmhouse in a location that would appeal to non-farming purchasers the DV will also agree an open market value for the property.

As described in IHTM24161, the DV can provide informal advice on occupation for the purposes of agriculture (IHTM24070). If by inspection, local knowledge, or on the basis of information provided by the parties, the DV has doubts as to whether or not part, or the whole, of the property was occupied for the purposes of agriculture (IHTM24070), the DV will let you know immediately and await further instructions. This scenario is most likely to occur in the context of barns and other farm buildings, where the information provided by the parties suggests that there has been an agricultural element to the occupation but inspection suggests no recent use.

The DV will also let you know if there is any information that casts doubt on the rate (IHTM24140) of AR deducted by the taxpayers or their agents or the availability of business relief (IHTM25131).

If all the property on which AR has been claimed qualifies as agricultural property (IHTM24030) the DV will proceed to consider any valuations required. If the DV considers that any property on which AR has been claimed does not qualify as agricultural property (IHTM24030) then an Interim (IHTM24164) AR Report will be sent to you.

The interim report will contain the following details.

  • The identity of any doubtful property

  • The DV’s opinion of Agricultural Value and Market Value

  • Brief reasons for any doubts about eligibility: where ’character appropriate’ is the issue, an indication of extent of ineligibility For instance a farmhouse is not ’appropriate’ to a holding of 150 hectares, but would/might be to one of 250 hectares

  • Any assumptions the DV has made in arriving at the initial view. This should include confirmation of the size of the holding on which the view is based

  • Any other factors that the DV considers are relevant to eligibility

  • The DV will attach any descriptive valuation material obtained directly from taxpayer or agent that we are unlikely to have seen

  • Photographs of the items of property concerned.

Any further action by the DV on either the question of whether the property qualifies as agricultural property (IHTM24030) or considering the agricultural value (IHTM24150) of any disputed properties will depend on the further instructions from the caseworker or Technical under IHTM24164.

Development value and other non agricultural uses

Where qualifying agricultural property has an open market value in excess of its agricultural value under IHTA84/S115 (3) (for example, if the whole or part of it has hope value arising out of development potential or change of use) such excess value will not attract agricultural relief. As the excess value may attract business relief (IHTM25121) the DV will rely on your instructions. It is pointless for the DV to endeavour to agree an agricultural value if business relief at the higher rate is available (but remember from 6 April 2026 the limitation of the amount of 100% relief available IHTM25500). If relevant instructions have not been supplied, and the DV suspects that business relief may be applicable, full details will be provided and the DV will await new instructions from you before proceeding further.

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Residential value of farmhouses

Attractive farmhouses in locations near towns may appeal to non-farming purchasers and may therefore have a market value above their agricultural value. The DV will have this in mind in appropriate cases and will report accordingly. Remember that business relief will not normally apply in respect of the residential premium (IHTM24151) over and above the agricultural value of farmhouses.

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Farm Cottages

IHTA84/S169 (1) contains a special valuation rule for farm cottages occupied by persons employed solely for agricultural purposes in connection with the property. When valuing such cottages no account is taken of any value attributable to the fact that the cottages are suitable as residences for persons not so employed.

IHTA84/S169 (1) restricts the definition of open market value as defined at IHTA84/S160. It does not apply to agricultural value as defined at IHTA84/S115 (3).

The DV will determine the open market value as restricted by IHTA84/S169 (1) and the agricultural value of farm cottages that are occupied and qualify as agricultural property within IHTA84/S115 (2).

For the purposes of the Extra Statutory Concession F16 (ESCF16), dated 13 February 1995, IHTA84/S169 (1) may be deemed to be satisfied in respect of cottages occupied by retired farm employees or their surviving spouses or civil partners (IHTM11032). A rigorous interpretation of the ESC as regards the character appropriate test in IHTA84/S115 (2) may defeat its purpose and therefore the DV will only apply this test to cottages within the ESC when the following circumstances apply

  • there is some physical characteristic of the cottages such as size that makes them inappropriate for occupation by farm employees,

  • there are more cottages occupied by retired farm employees than by active farm employees,

  • if it appears that when the retired farm employees were employed it was on land that was no longer in the deceased's/transferor's estate at the date of transfer.

The DV’s instructions are that if any of these particular circumstances apply they should seek advice from the Chief Executive’s Office before they communicate any view to the parties.

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