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Home / Simons-Taxes /IHT, trusts and estates /Part I9 Foreign element /Division I9.4 Locality (situs) of assets for IHT /Situs of other assets for IHT / I9.461 Situs of land and immovable property and IHT

I9.461 Situs of land and immovable property and IHT

IHT, trusts and estates

I9.461 Situs of land and immovable property and IHT

The classification of English law into personal and real property is not adopted in private international law or conflict of laws, where the usual distinction is between movable and immovable property. This distinction is commonly used in double taxation agreements. The question whether property is movable or immovable is, under English law, determined by the lex situs¹.

Land

The situs of land is determined by applying English law, under which any land, whether freehold or leasehold, or of any other tenure, is situated where the land itself lies. If it is held on trust for

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E5.406A Employees of European Union institutions—tax exemptions

I4.142A Liabilities which are not discharged out of the estate

B2.306 General tests for distinguishing between capital and revenue expenditure

B5.123 BPS—negligible value claims

A4.557 Late filing penalties—company tax returns

I4.562 Sales and mortgages of reversionary interests

C2.201 Allowable expenditure for capital gains—overview

C2.902 Wasting assets—wasting of allowable expenditure

C3.304 Rollover relief—expenditure on replacement assets qualifying for relief

C2.108 Contingent liabilities

E4.1118 Calculation and payment of tax due on retrospective income

C3.1705 Non-qualifying tax years, and disposals of a main home under NRCGT

C3.1713 PPR relief where a dependent relative occupied the residence prior to 6 April 1988

D1.1061 Substantial shareholding exemption—interaction with other reliefs

I5.1122 More than one settlor (income tax and CGT)

C2.106 Deferred and contingent consideration on disposals

C2.1016 Option to subscribe for shares in a company (share warrants)

B2.472 Tax and tax-related expenditure

D6.233 Rights issue—sale of rights nil paid

C3.1706 PPR relief where there is job-related accommodation