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Home / Simons-Taxes /IHT, trusts and estates /Part I3 Lifetime transfers /Division I3.7 Pre-owned assets tax (POAT) /POAT—exclusions and exemptions / I3.736 POAT—exemption for property in the estate
Commentary

I3.736 POAT—exemption for property in the estate

IHT, trusts and estates

There is no pre-owned assets tax (POAT) charge on land, chattels or intangible property where the taxpayer's estate for inheritance tax purposes includes:

  1. Ìý

    •ÌýÌýÌýÌý the relevant property, or

  2. Ìý

    •ÌýÌýÌýÌý other property which derives its value from the relevant property and whose value, so far as attributable to the relevant property, is not substantially less than the relevant property1. The term 'substantially' is not defined, but HMRC guidance states that 'substantial' is 'more than 20%'2

The reference to property whose value derives from the relevant property would include shares in a company owning the relevant property.

This exemption recognises

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Web page updated on 17 Mar 2025 14:59