IHTM25222 | Land and buildings, machinery and plant: Property within IHTA84/S105 (1)(d)
From HM Revenue & Customs · Inheritance Tax Manual
applies to
any land or buildings, machinery or plant which
immediately before the transfer
was used wholly or mainly for the purposes of a business ()
carried on by either a company which the transferor then controlled or a partnership of which the transferor was then a partner.
There are additional requirements governing the period of user () and the transferor’s interest in the occupying company or partnership ().
Used for the purposes of a business is a factual test; there does not have to be a binding contractual relationship between the transferor and the company or partnership.
There are special rules () where part of any land or building within is used exclusively for the purposes of a business.
For the valuation implications of the situation, see the following instructions:
related property ()
partnership property ()
property let to a company in which the deceased was interested ()
business premises owned by the deceased and occupied by a partnership terminating on the relevant transfer ()
machinery and plant ()