[IHTM44042] Pre-owned assets: exemptions: examples where relevant property remains part of the Inheritance Tax estate
In 2005, Brian transfers his house to an interest in possession trust with a life interest for himself and then for his wife, Julie, with remainders to his children. Brian continues to occupy the house. The disposal condition (IHTM44004) is met and none of the exclusions (IHTM44030) apply.
The property continues to form part of Brian's estate under IHTA84/S5(1) and so is exempt from the POA charge under FA04/Sch15/Para11(1) whilst his interest in possession exists.