SVM111070 | IHT Business Property Relief: Deemed ownership under section 108

Section 108 IHTA 1984 contains two deemed ownership provisions which apply for the purposes of the general rule in section 106 IHTA 1984 and the replacement property provisions in section 107 IHTA 1984 (section 108 IHTA 1984 does not apply for the purposes of sections 109 and 109A IHTA 1984).

Section 108(a) IHTA 1984 provides that where the transferor became entitled to property on the death of another person, the transferor is treated as having owned it from the date of the other person's death. Section 91 IHTA 1984 brings business property included in an unadministered residuary estate within this provision.

Section 108(b) IHTA 1984 provides that where the person on whose death the transferor became entitled to the property was their spouse or civil partner, the transferor is deemed for the purposes of sections 106 and 107 IHTA 1984 to have owned the property for any period during which the spouse or civil partner owned it (irrespective of how long they had been married or in a civil partnership).

Additional Guidance: SVM150000