UTTC Inheritance tax – business property relief – holiday letting business of a bungalow carried on for profit – whether the business consisted mainly of holding an investment – whether the FTT erred in law in concluding that it did so consist – appeal allowed.

Citations:

[2013] UKUT 50 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Inheritance Tax

Updated: 27 March 2022; Ref: scu.509165

Where money was held by trustees under a direction to apply it in the purchase of lands in Scotland or England to be entailed upon a certain series of heirs, held that this money was not ‘entailed estate’ within the meaning of section 23 of the Finance Act 1894, and was consequently not liable to estate duty and settlement estate duty under sub-section 16 of that section.
Judgment of the First Division affirmed, but upon a different ground.
Opinions per Lord Macnaghten, Lord Brampton, Lord Robertson, and Lord Lindley (differing from the judgment of the First Division) that money held in trust for the purchase of lands in Scotland to be entailed under the law of Scotland is ‘entailed estate’ within the meaning of section 23 of the Finance Act 1894, and is consequently liable to estate duty and settlement estate duty under sub-section (16) of that section.
Opinion per Lord Shand contra.

Judges:

Lord Chancellor (Halsbury), and Lords Macnaghten, Shand, Brampton, Robertson, and Lindley

Citations:

[1902] UKHL 617, 39 SLR 617

Links:

Bailii

Jurisdiction:

Scotland

Inheritance Tax

Updated: 23 March 2022; Ref: scu.630796

PROCEDURE – whether to give permission for late appeal to be made to HMRC – Martland – Inheritance Tax

Citations:

[2019] UKFTT 686 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Martland v The Commissioners for HM Revenue and Customs (Tax) UTTC 1-Jun-2018
Exercise of Discretion to hear Late Appeals
Excise Duty – assessment to duty and wrongdoing penalty – application for permission to make late appeal – test to be applied – appeal dismissed
The tribunal discussed the jurisdiction of the First Tier Tribunal to allow an appeal to be made . .
Lists of cited by and citing cases may be incomplete.

Inheritance Tax

Updated: 03 February 2022; Ref: scu.646899

INHERITANCE TAX – Application for permission to notify appeal to tribunal outside the statutory time limit – Section 223G Inheritance Tax Act 1984 – Permission Refused

Citations:

[2019] UKFTT 640 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Inheritance Tax

Updated: 30 January 2022; Ref: scu.644052

The Succession Duty Act 1853, section 2, enacts-‘Every past or future disposition of property by reason whereof any person has or shall become beneficially entitled to any property or the income thereof upon the death of any person dying after the time appointed for the commencement of this Act, either immediately or after an interval, either certainly or contingently, and either originally or by way of substitutive limitation, and every devolution by law of any beneficial interest in property or the income thereof, upon the death of any person dying after the time appointed for the commencement of this Act, to any other person in possession or expectancy, shall be deemed to have conferred or to confer on the person entitled by reason of any such disposition or devolution a succession; and the term ‘successor’ shall denote the person so entitled; and the term ‘predecessor’ shall denote the settlor, dis-poner, testator, obligor, ancestor, or other person from whom the interest of the successor is or shall be derived.’
A proprietor by entail settled his estate upon himself and the heirs of his body, whom failing upon his brother and the heirs-male of his body, ‘whom failing the heirs-female of the body of the said’ brother.
The succession having opened to an heir-female of the body of the brother after he and his heirs-male had successively held the estate, held that the heir-female took, for the purposes of the Succession Duty Act 1853, by disposition not by devolution by law, and that her predecessor was the settlor and not her father, the last heir-female of the brother.
Lord Advocate v. M’Culloch, 1895, 22 R. 356, 32 S.L.R. 266, approved.
The Finance (1909-10) Act 1910, section 58, increases succession duty in certain cases, ‘in the case of a succession arising under a disposition only if the first succession under the disposition arises on or after’ 30th April 1909. Held that ‘the first succession’ meant the first taking which involved liability for payment of duty under the Succession Duty Act.

Viscount Finlay, Viscount Haldane, Viscount Cave, Lord Dunedin, and Lord Shaw
[1919] UKHL 524, 56 SLR 524
Bailii
Scotland

Inheritance Tax

Updated: 10 January 2022; Ref: scu.632780

Appeal by the taxpayer against a determination of a liability for inheritance tax said to arise in relation to the 10 year charge applicable to trusts. At the heart of the case is the question of whether certain property is ‘excluded property’ for the purposes of the legislation.

Mann J
[2015] EWHC 2878 (Ch)
Bailii
England and Wales

Inheritance Tax

Updated: 04 January 2022; Ref: scu.553498

FTTTx Inheritance Tax : Business/Agricultural Reliefs – INHERITANCE TAX – whether appeal automatically struck out – whether Appellant should be permitted to give oral evidence – Appellant’s lifetime transfers to a settlement – furnished holiday letting business – whether relevant business property – whether business consisted mainly of the making and/or holding of investments – yes – appeal dismissed.

[2015] UKFTT 334 (TC)
Bailii
England and Wales

Inheritance Tax

Updated: 02 January 2022; Ref: scu.550297

Exempt transfer and relief- Agricultural property relief- farmhouse whether ‘character appropriate’ to 16.29 acres of agricultural land with adjacent agricultural buildings – Yes – farmed by deceased up to the date of his death – Inheritance Tax Act 1984 section 115 (2) relief granted.

[2011] UKFTT 351 (TC), [2011] WTLR 1183
Bailii
England and Wales

Inheritance Tax

Updated: 01 January 2022; Ref: scu.443039

FTTTx INHERITANCE TAX – settled property – scrip dividends – whether income or capital – whether property comprised in the settlement for the purposes of an exit charge before the first 10 year anniversary – Inheritance Tax Act 1984, s68(5)(c) – appeal dismissed

[2015] UKFTT 140 (TC), [2015] WTLR 1103, [2015] SFTD 539
Bailii
England and Wales

Inheritance Tax

Updated: 30 December 2021; Ref: scu.546588

FTTTx IHT – penalty on beneficiary for error in IHT 400 – whether beneficiary must have duty to executor – no – whether information withheld – yes – whether penalty must be to best judgement – no – appeal dismissed

[2015] UKFTT 9 (TC)
Bailii
England and Wales

Inheritance Tax

Updated: 27 December 2021; Ref: scu.541507

[2010] UKFTT 506 (TC)
Bailii
England and Wales

Inheritance Tax

Updated: 23 December 2021; Ref: scu.426638

INHERITANCE TAX – Related property provisions – what is the proper construction of the words ‘the appropriate portion of the value of the aggregate of that and any related property’ in section 161(1) IHTA? – Appellant contending that the concept of the aggregate of two properties cannot connote their transformation into a different description of property – HMRC contending that the aggregation required the deceased’s undivided half share in a property to be taken together with her spouse’s identical undivided half share, with the result that the freehold of the property with vacant possession was the subject of the required valuation – section 161(3) IHTA which provides the meaning of ‘the appropriate portion’ also construed – held following IRC v Gray that ‘the value of the aggregate’ was to be taken to be the price which the two items of property would fetch in the open market if offered for sale at the same time – held further that no deduction from the value was to be made on account of the notional costs of selling or the liabilities charged on the property- HMRC’s Determination upheld in principle – further valuation points to be referred to the Upper Tribunal pursuant to section 222(4A) IHTA if not agreed

[2010] UKFTT 474 (TC), [2011] WTLR 161, [2011] STI 310, [2011] SFTD 52
Bailii
England and Wales

Inheritance Tax

Updated: 22 November 2021; Ref: scu.426639

UTTTC 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.

Warren J
[2013] UKUT 224 (TCC)
Bailii
England and Wales

Inheritance Tax

Updated: 12 November 2021; Ref: scu.510298

FTTTx Inheritance Tax – pension policy – potential death benefits held in discretionary trust – rights to pension benefits retained by policyholder – policyholder terminally ill – whether omission to opt to take retirement benefits diminished policyholder’s estate and increased that of discretionary trust – yes – valuation of diminution in estate – appeal dismissed subject to variation of determination and adjustment of value of diminution

[2010] UKFTT 87 (TC), [2010] SFTD 632, [2010] WTLR 815
Bailii
England and Wales

Inheritance Tax

Updated: 11 November 2021; Ref: scu.408924

FTTTx INHERITANCE TAX – failure to lodge inheritance tax return on death of life tenant – trustee’s failure to respond to all correspondence from 13 August 2010 including appearing at the hearing – case heard in appellant’s absence- penalty andpound;100 for initial failure, a further penalty of andpound;100 for the continuing failure and a penalty of andpound;60 per day incurred from the date of the hearing until the return is lodged.

David Porter TJ
[2014] UKFTT 628 (TC)
Bailii
England and Wales

Inheritance Tax

Updated: 11 November 2021; Ref: scu.533708

FTTTx Inheritance Tax – Business Property Relief – office building and shares – whether business wholly or mainly making or holding of investments -yes -appeal dismissed

[2013] UKFTT 284 (TC)
Bailii
England and Wales

Inheritance Tax

Updated: 11 November 2021; Ref: scu.513468

LT TAX – Inheritance Tax – valuation of dwelling house – comparables- freehold value determined at andpound;230,000 – Inheritance Tax Act 1984, s 160.

[2008] EWLands TMA – 284 – 2008
Bailii
Inheritance Tax Act 1984 160
England and Wales

Inheritance Tax

Updated: 11 November 2021; Ref: scu.278628

Share Valuations for IHT

SCIT Inheritance Tax; share valuation; convertible unsecured loan stock; family companies; whether option to take shares valid or in doubt; whether options prescribed; effect on valuation of conversion rights; valuation assumptions; percentage deduction for minority and majority shareholdings; Inheritance Tax Act 1984 sections 4, 160, and 168(1); Prescription and Limitation (Scotland) Act 1973 Schedule 2 paragraph 2(2)(b).

[2008] UKSPC SPC00700
Bailii
England and Wales

Inheritance Tax

Updated: 10 November 2021; Ref: scu.273107

FTTTx Inheritance Tax – Exempt transfers and relief – Agricultural property relief – Farm owned by deceased and let to family farming partnership – Deceased as partner lived in bungalow on the farm until ill-health required him to move to care home – Deceased made occasional visits to bungalow and his possessions remained in it until his death – Whether throughout the seven year period ending with his death the bungalow was occupied by the deceased or another for the purposes of agriculture – Yes – IHTA 1984 section 117(b).

[2010] UKFTT 108 (TC)
Bailii
Inheritance Tax Act 1984 117(b)
England and Wales

Inheritance Tax

Updated: 09 November 2021; Ref: scu.408947

ECJ Direct taxation – Free movement of capital – Inheritance tax – Legacies in favour of non-profit-making bodies – Refusal to apply a reduced rate where those bodies have their centre of operations in a Member State other than that in which the deceased had actually lived or worked – Restriction – Justification.

C-25/10, [2011] EUECJ C-25/10
Bailii
European

Inheritance Tax

Updated: 02 November 2021; Ref: scu.430215

UTTC Inheritance Tax – Exempt transfers and relief – Agricultural property relief – Farm owned by deceased and let to family farming partnership – Deceased as partner lived in bungalow on the farm until ill-health required him to move to care home – Deceased made occasional visits to bungalow and his possessions remained in it until his death – Whether throughout the seven year period ending with his death the bungalow was occupied by the deceased or another for the purposes of agriculture – No – IHTA 1984 section 117(b). Appeal allowed

[2011] UKUT B26 (TCC)
Bailii
Inheritance Tax Act 1984 117(b)
England and Wales

Inheritance Tax

Updated: 01 November 2021; Ref: scu.449958

UTTC Inheritance tax – Exempt transfers and relief – Business property relief Replacement property – Deceased having liferent interest in family estate – Deceased declared to be fee simple proprietor of the estate – Deceased entering into partnership with intended successor – Whether deceased’s interest in partnership, which subsisted immediately before his death, replaced previous business carried on by deceased – Whether business excluded from business property relief as consisting mainly of making or holding investments – Inheritance Tax 1984, ss 105(1), (3), 107.

Lord Hodge, Sir Stephen Oliver QC
[2010] UKUT 300 (TCC), [2010] BTC 1656, [2010] STI 2427, [2010] WTLR 1545, [2010] STC 2666
Bailii
Inheritance Tax 1984 105(1) 105(3) 107
England and Wales
Citing:
Cited – Tootal Broadhurst Lee Co Ltd v Inland Revenue Commissioners HL 1949
Fees received for the use of the taxpayer’s productive plant were not income from investment.
Lord Norman defined the meaning of ‘investment’, saying: ‘The meaning of ‘investment’ is its meaning, not in the vernacular of the man in the street, . .
Cited – McCall and Another v HM Revenue and Customs CANI 25-Feb-2009
The deceased had inherited grass land from her husband. It had planning permission for development. The personal representatives appealed against a finding that relief was not available as a relevant business property. . .
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .

Lists of cited by and citing cases may be incomplete.

Inheritance Tax

Updated: 01 November 2021; Ref: scu.428164

Inter vivos gift as Provision for Care

INHERITANCE TAX – gift inter vivos – whether reasonable provision for care or maintenance of transferee – IHTA 1988 ss 3A, 11 – two houses given by terminally ill spinster to elderly widowed mother – on facts bulk of value found to be reasonable provision and exempt transfer – appeal allowed in part.

[2008] UKSPC SPC00694
Bailii
England and Wales

Inheritance Tax

Updated: 01 November 2021; Ref: scu.273104

FTTTx (Special Commissioners) Inheritance Tax; administration and collection; executor as personal representative delivering account of heritable property of deceased; whether account incorrect; whether incorrect account fraudulently or negligently delivered; failure to declare that value of property was a provisional estimate; penalty; powers of the Tribunal; mitigation; Inheritance Tax Act 1984 sections 216, 247, 249 and 253

Gordon Reid QC
[2009] STC (SCD) 479, [2009] UKFTT 67 (TC)
Bailii
England and Wales

Inheritance Tax

Updated: 01 November 2021; Ref: scu.373583

Pension Accumulation was taxable

The court was asked whether the pension scheme transfer by the late Mrs R F Staveley, and her omission to take income benefits which were then payable, constituted, or are to be treated as constituting, for the purposes of Inheritance Tax 1984 (‘IHTA’) a ‘disposition’ which is a ‘transfer of value’ in favour of her sons, who were to be the beneficiaries of the death benefit. The relevant statutory provisions are section 3(1) IHTA, read with section 10(1), and section 3(3) IHTA. At the time of the transfer, Mrs Staveley was in the late stages of a terminal illness, from which she died six weeks later. The right to receive the death benefit has been assessed as at the date of the transfer as worth a considerable proportion of Mrs Staveley’s pension funds.
Held: It did. The failure to take pension benefits in due course increased the estates of the sons.

Lady Arden JSC, Newey LJ, Birss J
[2018] EWCA Civ 2266, [2018] WLR(D) 638, [2019] WTLR 45, [2018] STC 2324, [2019] 1 WLR 2397, [2019] 2 All ER 288
Bailii, WLRD
England and Wales
Citing:
At FTTTx – Parry and Others v Revenue and Customs FTTTx 7-May-2014
INHERITANCE TAX – transfer of funds to personal pension plan while diagnosed with terminal cancer – whether transfer of value – omission to take lifetime benefits – whether disposition and transfer of value – appeal allowed in part . .
Appeal from (UTTC) – Revenue and Customs v Representatives of Staveley (Deceased) UTTC 10-Jan-2017
Failure to take pension benefits – Inheritance Tax
UTTC INHERITANCE TAX – whether transfer of funds to a personal pension plan was a transfer of value – Inheritance Tax Act 1984, s 3(1) and s 10 – whether deceased’s omission to take lifetime pension benefits was . .

Cited by:
Appeal from (CA) – Revenue and Customs v Parry and Others SC 19-Aug-2020
Whether the pension scheme transfer by the late Mrs Staveley, and her omission to take income benefits which were then payable, constituted, or are to be treated as constituting, for the purposes of the Inheritance Tax 1984 a ‘disposition’ which is . .

Lists of cited by and citing cases may be incomplete.

Inheritance Tax

Updated: 01 November 2021; Ref: scu.625964

FTTTx Inheritance tax – death – estate passing on death – was there settled property derived from deceased’s husband who died in 1969 and estate duty was paid – questions of secret trust and mutual wills – transitional relief from inheritance tax – Inheritance Tax Act 1984 Schedule 6, paragraph 2

Powell J
[2009] UKFTT 138 (TC), [2009] STI 2095, [2009] WTLR 1151
Bailii
Inheritance Tax Act 1984 Schedule 6, paragraph 2
England and Wales

Inheritance Tax

Updated: 01 November 2021; Ref: scu.373676

FTTTx Inheritance Tax – Determination – whether gifts effected – whether ‘delivery’ – Yes – Appeal allowed

[2015] UKFTT 266 (TC)
Bailii
England and Wales

Inheritance Tax

Updated: 31 October 2021; Ref: scu.549550

FTTTx Inheritance tax – discounted gift trust – valuation of retained interest to income stream – s160 IHTA 1984 – burden of proof – adequacy of comparables – appeal dismissed

Malachy Cornwell-Kelly J
[2011] UKFTT 745 (TC)
Bailii
Inheritance Tax Act 1984 160
England and Wales
Citing:
Cited – Salvesen’s Trustees v Inland Revenue Commissioners SCS 1930
The court considered the valuation of shares in a notional purchase. The company’s articles of association contained a provision that the company might at any time, by extraordinary resolution, resolve that any shareholder, other than a director or . .

Lists of cited by and citing cases may be incomplete.

Inheritance Tax

Updated: 31 October 2021; Ref: scu.449684

Lord Justice Henderson
[2021] EWCA Civ 1439
Bailii
Registration of Political Parties Act 1998, Inheritance 94 Tax Act 1984
England and Wales

Updated: 31 October 2021; Ref: scu.668367

FTTTx INHERITANCE TAX – whether amount paid by the deceased to a company owned by him was a loan or a gift – found on the evidence a loan – whether a payment made by legatees under a will to a third party in settlement of litigation concerning the validity of the will was in discharge of a liability of the deceased which was deductible in computing his estate for IHT purposes – held it was not – whether further charitable payments made by a legatee and personal representative of the deceased attracted an exemption from IHT in the computation of the IHT due on the death of the deceased – held no – appeal dismissed
[2012] UKFTT 700 (TC)
Bailii
England and Wales

Updated: 27 October 2021; Ref: scu.466258

FTTTx INHERITANCE TAX – nil rate band trust – whether joint tenancy of property severed – absence of signed Notice of Severance – draft Notice produced – whether evidence sufficient to show that original Notice served – weight of draft in context of other evidence – held, on totality of evidence, that written notice given – consideration of other methods of severance – held that evidence would have sufficed to show severance by other methods – appeals against determinations allowed
[2014] UKFTT 1061 (TC)
Bailii
England and Wales

Updated: 12 October 2021; Ref: scu.540286

s.160, Inheritance Tax Act 1984 – – three terraced houses – analysis of comparable sales – valuations determined at pounds 830,000, pounds 900,000 and pounds 950,000
[2021] UKUT 213 (LC)
Bailii
England and Wales

Updated: 26 September 2021; Ref: scu.667581

Whether the pension scheme transfer by the late Mrs Staveley, and her omission to take income benefits which were then payable, constituted, or are to be treated as constituting, for the purposes of the Inheritance Tax 1984 a ‘disposition’ which is a ‘transfer of value’ in favour of her sons, who were to be the beneficiaries of the death benefit.
Held: Taxpayer’s appeal failed.
Lord Reed, Lord Hodge, Lady Black, Lord Kitchin, Lord Sales
[2020] UKSC 35
Bailii, Bailii Summary, Bailii Issues and Facts
Inheritance Tax 1984 3(1) 3(3) 10(1)
England and Wales
Citing:
At FTTTx – Parry and Others v Revenue and Customs FTTTx 7-May-2014
INHERITANCE TAX – transfer of funds to personal pension plan while diagnosed with terminal cancer – whether transfer of value – omission to take lifetime benefits – whether disposition and transfer of value – appeal allowed in part . .
At UTTC – Revenue and Customs v Representatives of Staveley (Deceased) UTTC 10-Jan-2017
Failure to take pension benefits – Inheritance Tax
UTTC INHERITANCE TAX – whether transfer of funds to a personal pension plan was a transfer of value – Inheritance Tax Act 1984, s 3(1) and s 10 – whether deceased’s omission to take lifetime pension benefits was . .
Appeal from (CA) – Revenue and Customs v Parry and Others CA 16-Oct-2018
Pension Accumulation was taxable
The court was asked whether the pension scheme transfer by the late Mrs R F Staveley, and her omission to take income benefits which were then payable, constituted, or are to be treated as constituting, for the purposes of Inheritance Tax 1984 . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.653118

Alimentary liferent – Interest in possession – Construction of trust deed
[2007] UKSPC SPC00593
Bailii
Inheritance Tax Act 1984
England and Wales

Updated: 09 August 2021; Ref: scu.251318

A Testator having died domiciled in India, and appointed by his Will executors in India and in England, and his Executors in India having collected his Assets there, and paid his Debts, and remitted the Surplus to the English Executors for Payment of Legacies given by his Will to Legatees in England : Held, that such Legacies were not subject to Legacy Duty, although the Will was proved in this Country, and a Suit instituted here in respect of such Legacies.
[1837] EngR 650, (1837) Donn Eq 252, (1837) 47 ER 353
Commonlii
England and Wales

Updated: 22 June 2021; Ref: scu.313767

Inheritance Tax – Exempt transfers and relief – Agricultural property relief – Farm owned by deceased and let to family farming partnership – Deceased as partner lived in bungalow on the farm until ill-health required him to move to care home – Deceased made occasional visits to bungalow and his possessions remained in it until his death – Whether throughout the seven year period ending with his death the bungalow was occupied by the deceased or another for the purposes of agriculture – No – IHTA 1984 section 117(b). Appeal allowed.
References: [2011] UKUT 506 (TCC)
Links: Bailii
Jurisdiction: England and Wales

Last Update: 25 October 2020; Ref: scu.462888

The donor conveyed land to his son by way of gift but reserved an annual rentcharge during his life which was charged on the land conveyed and which his son covenanted to pay (together with the other liabilities of the donor), and retained the right to occupy the mansion house which stood on the land conveyed together with other benefits. He also reserved a power of revocation.
Held: The gift was ineffective to save estate duty. The gift was revocable; the donor had reserved an interest for life; he had retained the right to occupy part of the land which formed the subject-matter of the gift; and he had clearly reserved a benefit by contract or otherwise in the shape of the son’s covenant to pay the rentcharge. This was a benefit which the donor did not possess before the gift. It was a security for the rentcharge which guaranteed payment even if the land produced insufficient income to support it. Earl of Halsbury LC: ‘My Lords, there are some cases so extremely plain that it is difficult to give a better exposition of the question than that which the statute itself provides’
References: [1900] AC 124
Judges: Earl of Halsbury LC
Jurisdiction: England and Wales
This case cites:

• Appeal from – Attorney General v Earl Grey CA 2-Jan-1898 ([1898] 2 QB 534)
  The court considered the effectiveness of a gift from father to son for estate duty purposes, where the revenue said that the father had reseved an interest in the land to himself. The conveyance to the defendant donee contained the following . .

This case is cited by:

• Mentioned – Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue CA 28-Jul-1997 (Times 11-Sep-97, Gazette 10-Sep-97, , [1997] EWCA Civ 2212, [1997] 4 All ER 395, [1997] STC 1234)
  The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers.
  Held: . .
• Cited – In re Nichols, deceased CA 2-Jan-1975 ([1975] 1 WLR 534)
  The father, Lord Nichols, gave property to his sons who then leased it back to him. On the father’s death the revenue claimed duty.
  Held: Goff LJ: ‘Having thus reviewed the authorities, we return to the question what was given, and we think . .
• Cited – St Aubyn v Attorney General HL 12-Jul-1951 ([1952] AC 15, , [1951] UKHL 3, [1951] 2 All ER 473)
  The donor exercised powers of appointment ‘to make some part of the settled property his own’, and it was ‘wholly irrelevant that by a contemporaneous or later transaction he surrenders his life interest in other parts of it’. The different parts of . .
• Cited – Commissioner of Stamp Duties of New South Wales v Perpetual Trustee Co Ltd PC 1943 ([1943] AC 425)
  The Board consideerd the application of the retention of benefit rules. Lord Russell of Killowen said: ‘the entire exclusion of the donor from . . enjoyment which is contemplated . . is entire exclusion from . . enjoyment of the beneficial interest . .
• Distinguished – Re Cochrane 1905 ([1905] 2 IR 626)
  (High Court of Ireland) The court considered the effectivenmess of a gift with a reservation to the donor, distinguishing Earl Grey: ‘The limitation of this annuity, although prior to the gift, was, as well as being charged on the land, secured by . .
• Cited – Re Cochrane CA 1906 ([1906] 2 IR 200)
  (Court of Appeal of Ireland) The court considered the effectivenmess of a gift with a reservation to the donor. As to the Earl Grey case, if ever there was a case to which the statute applied it was The Attorney-General v Grey. The court referred to . .

These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.223759