IHTM24131 – Successive transfers: Application of IHTA84/S121

When a second transfer is made before the time limit for either the occupation ( IHTM24070) or ownership ( IHTM24100) tests in IHTA84/S117 has expired, agricultural relief will still be available under IHTA84/S121 (1) provided all the following conditions are met

• The whole or part of the value transferred by the earlier transfer was eligible for agricultural relief under IHTA84/S115 to 124B (or would have been if such relief had then been operative), IHTA84/S121 (1)(a) and
• The whole or part of the property which was or would have been eligible for relief
• • became, through the earlier transfer, the property of the subsequent transferor or his spouse or civil partner ( IHTM11032), and
  • is, at the time of the subsequent transfer, occupied for the purposes of agriculture ( IHTM24060) either by the subsequent transferor or by the personal representatives of the earlier transferor, IHTA84/S121 (1)(b) and

• That property or part (or any property which has replaced it) would be eligible for relief on the subsequent transfer apart from theIHTA84/S117 occupation and ownership tests, IHTA84/S121 (1)(c)and
• The earlier or the subsequent transfer was or is a transfer on death, IHTA84/S121 (1)(d)