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 Planning Review Volume 7 published on 28th October, 2018.

HMRC has no territorial competence, constitutionally, to adjudicate settlements over foreign immovable property where there are no trusts in place over the immovable.  Pärliament does not have such jurisdiction, neither do the British Courts or the Prime Minister or the Chancellor of the Exchequer, as first and second Lords of the Treasury to whom HMRC are required to report and from whom they derive their limited powers.

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

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

 

A link to their Lordships judgement in Phlipson-Stow v. IRC [1961] AC 727 can be found here.