Overseas Chambers of Peter Harris

Overseas Chambers
c/o Addington Chambers
160, Fleet Street,
London EC4A 2DQ,
United Kingdom
https://addingtonchambers.com

Fellow of the European Law Institute Vienna
https://overseaschambers.com/
Barrister at Law - Regulated by
the Bar Standards Board
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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.

For furthe rerefeence see also the Taster article " Outcome Bias" ie by Peter Harrs and Adrian Shipwright in Lexology at