Overseas Chambers of Peter Harris

Maison de la Boucterie
Rue de la Boucterie
Saint Saviour
Jersey, JE2 7ZW

French usufruits over land i.e. immovable property

November 12th 2018

The main and indeed fatal flaw in HMRC's "view" of usufructuary dismembemens is exposed in Keyhaven's Tax Planing Review Volume 7 published on 28th October, 2018.

A copy is available on the Overseas Chambers News and Press page under English articles at

FRENCH USUFRUITS AND S.43(2) IHTA 1984 Carrying burning coals to Newcastle in the flickering light of Philipson-Stow v. IRC

Pleasen note the important point which was omitted ifrom the final edit that the creation of a chose in action over foreign and English land  (re. Berchold) is an immovable chose in action, not an equitable movable chose in action.