Under the terms of the Conditional Exemption Tax Incentive Scheme, certain buildings, land, works of art and other objects are given special capital tax status, in order to preserve and protect national heritage for the benefit of the public.

 

At a glance

Assets that qualify under the Conditional Exemption Tax Incentive Scheme are exempt from Inheritance Tax (IHT) and Capital Gains Tax (CGT) as long as certain conditions are met.

  • The owners of buildings of historic or architectural interest, land of historic, scenic or scientific interest, and objects and collections of national, artistic, historic or scientific interest are given favourable tax treatment, for IHT and CGT and in return they care for and retain those assets for the benefit of the nation, this includes displaying it to the public and allowing the public access.
  • Where this is no longer possible owners are encouraged to dispose of it to bodies in this country which have been set up specifically to hold such property in trust for the public.
  • Certain tax reliefs are available for such disposals although in general disposal will lose the underlying tax relief, i.e. IHT relief could be clawed back.

What's new?

Corornavirus measures

It may not be possible for owners of hertage assets in the Conditional Exemption Tax Incentive Scheme to meet all their undertakings due to coronavirus. HMRC issued guidance in May 2020 to confirm that:

  • Where properties cannot be opened or access cannot be given to assets due to social distancing issues, this will not cause owners to break their tax agreement with HMRC.
  • When government advice changes HMRC will expect your property to be open later in the year to make up for any lost days, if possible.
  • See HMRC: Capital taxation and tax-exempt heritage assets

Overview 

In 2018 HMRC updated their memorandum on Capital taxation and the National Heritage for the first time since 1987. Written from an IHT perspective it describes the available capital tax exemptions and reliefs and procedures available for Conditionally Exempt (CE) or otherwise referred to Heritage assets.

Various changes have been made since 1987, the most significant were those enacted under the FA 1998 to extend public access rights and to publish the terms of undertakings. Other changes include the following:

  • The repeal in 1998 of S.26 (gifts for public benefit)
  • The introduction in 1998 of a two-year period within which to claim conditional exemption and directions for maintenance funds
  • Changes introduced in 2006 to the method of charging tax following conditional exemption from a ten-yearly charge on settled property
  • Provision in 2008 for delegated legislation for giving statutory effect to erstwhile extra-statutory concessions (ESCs).
  • SI 2009 No 730 contains three such instances certain foreign-owned works of art etc are excluded property for IHT (cf the former ESC F7)
  • Decorations awarded for valour are excluded property for IHT (cf the former ESC F19)
  • CGT was not charged on certain disposals of CE property by private treaty to a Schedule 3 body or in lieu of IHT (this was secured under an unnumbered concession.)
  • The new legislation is contained in S.258, TCGA and accordingly comprehends disposals by companies.

Qualifying heritage property

Qualifying national heritage property “Designation” is available under S.31(1) for six categories of property:

  • any relevant object which appears to to be pre-eminent for its national, scientific, historic or artistic interest, or any collection or group of relevant objects which, taken as a whole, appears to to be pre-eminent for its national, scientific, historic or artistic interest
  • any land which is of outstanding scenic or historic or scientific interest
  • any building for the preservation of which special steps should be taken by reason of its outstanding historic or architectural interest
  • any area of land which is essential for the protection of the character and amenities of such a building as is mentioned in paragraph (c) above
  • any object which is historically associated with such a building as is mentioned in paragraph (c) above

Public access

Broadly speaking, public access to CE objects should be available without a prior appointment on at least a certain number of days each year. Outside this “open access” period viewing can be restricted to occasions where a prior appointment has been made. In some cases viewing may be at a public museum or gallery.

Editorial Comment

It seems that few people try and see some of the objects. On a practical level it is very difficult to gain access to some of the assets. Access in most cases is handled by private client law firms and the links given to open days can be uninformative. Be prepared to be ruthlessly persistent if you wish to see an object or a collection.

Links to HMRC

HMRC Heritage assets 

Search by object type then county location:

Search by region and collection

Help with heritage assets: or help and advice on heritage relief, or if you have difficulty getting access to tax-exempt heritage assets, contact the HMRC Inheritance Tax - Heritage Team.

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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