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Where Taxpayers and Advisers Meet

HMRC apparent silence

john2016
Posts:10
Joined:Wed Oct 05, 2016 2:57 pm
HMRC apparent silence

Postby john2016 » Thu Jul 27, 2017 9:34 am

When the executors of my mothers will originally administered the estate in 2013 they omitted to include a gift she had made during the seven years prior to her death. In May 2016 the executors submitted a revised IHT computation to HMRC showing additional IHT. HMRC agreed the figures in October 2016 and the executors sent me copies of HMRC's revised calculations of IHT. On looking at the figures I (a)disagreed with the valuation the executors had placed on the gift and (b) pointed out that surely the £3000 annual exemption for the year of the gift and previous year were available. Both points were accepted by the executors and my understanding is that a further revised IHT computation was submitted to HMRC in November 2016. On 1st April 2017, having heard nothing I wrote to executors inquiring as to what was going on and received the response that they were still waiting to hear from HMRC but would send a reminder. On 1st June 2017, still having heard nothing from the executors I contacted them again and received the same response but that they would again send a reminder to HMRC. Still nothing so contacted executors again on 1st July 2017 and received the same response as previously. It would appear to me that HMRC have now had the revised figures for 8 months without responding. Is there anything (as sole beneficiary under my mothers will) I can do to resolve this matter as it appears to be dragging on, or could there be a problem which is being kept from me by the executors. Can I as sole beneficiary contact HMRC direct? Would add that the executors are solicitors.

AnthonyR
Posts:322
Joined:Wed Feb 08, 2017 2:33 pm

Re: HMRC apparent silence

Postby AnthonyR » Thu Jul 27, 2017 9:45 am

While HMRC are very slow, I'd want to see copies of the correspondence from the solicitors to confirm the dates. Not meaning to cast dispersions, but my experience in cases like this is that 'little jobs' like this sometimes fall to the back of solicitors piles of work and sometimes fall entirely through the cracks. Obviously this doesn't apply with any solicitors who read this forum ;)

It is the responsibility of the executors to deal with HMRC and if they are genuinely being ignored by HMRC the solicitors should write and formally complain. Not that HMRC tend to respond to complaints positively!
Anthony Rogers LLB CTA TEP
Fusion Partners LLP
anthony@fusionpartners.co.uk

AGoodman
Posts:1745
Joined:Fri May 16, 2014 3:47 pm

Re: HMRC apparent silence

Postby AGoodman » Fri Jul 28, 2017 11:13 am

HMRC can be horrifically slow these days and correspondence can go missing (or they deny receiving it). The executors have a reference number so after 8 months they should be phoning and able to relay HMRC's response to you.


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