Personal representatives

Accounting basis

Commentary – Tax Reporter ¶206-250

Accounting for VAT

Legislation/Regulatory – SI 1995/2518 reg. 30

Accounts, delivery of

– see Delivery of accounts

Accrued income scheme

Commentary – Tax Reporter ¶333-600 ; Tax Reporter ¶334-450

Acquisition of assets by

Commentary – Tax Reporter ¶350-700 ; Tax Reporter ¶367-525

Acquisitions subject to excise duty by non-taxable persons

Legislation/Regulatory – SI 1995/2518 reg. 36(5)

Adjusting probate value

Commentary – 5.3.7

Administrator, as

Commentary – Tax Reporter ¶365-225 ; Tax Reporter ¶365-375

Assessment

Generally

Legislation/Regulatory – VATA94 s. 73(5)

Interest overpayments

Legislation/Regulatory – VATA94 s. 78A(8)

Notification

Legislation/Regulatory – VATA94 s. 73(10)

Assessment on

Legislation/Regulatory – TMA70 s. 30AA, 40

Assessments

Generally

Commentary – Tax Reporter ¶184-375 ; VAT Reporter ¶58-005

Case Law – Harrison (H.M. Inspector of Taxes) v. Willis Bros.

Notification

Commentary – VAT Reporter ¶58-100

Assessments on

Commentary – 8.1.3

Body, treatment as

Commentary – Tax Reporter ¶367-500

Business carried on by

Legislation/Regulatory – VATA94 s. 46

Capacity

Commentary – SDLT Reporter ¶130-500

Capital gains

Taper relief

Commentary – Hardman's Tax Rates and Tables ¶7-050

Tax rate

Commentary – Hardman's Tax Rates and Tables ¶7-000

Capital gains tax

Allowable expenditure

Commentary – Essential Tax Companion ¶62770

Annual exempt amount

Legislation/Regulatory – TCGA92 s. 3A

Annual exemption

Commentary – Essential Tax Companion ¶15000 ; Essential Tax Companion ¶62775

Appeals, determination or agreement

– see Appeals

Disposals

Commentary – Essential Tax Companion ¶62755

Expenses in administration of estates and trusts

Legislation/Regulatory – SP 2/04 ; TCGA92 s. 38, 64

General provisions

Legislation/Regulatory – TCGA92 s. 62

Generally

Legislation/Regulatory – TCGA92 s. 4(1AA)

Legatees

Commentary – Essential Tax Companion ¶62760

Liability

Commentary – Essential Tax Companion ¶62755

Liability for tax

Legislation/Regulatory – TCGA92 s. 65

HMRC Guidance – CG30660 ; CG33502 ; CG35404 ; CG37816

Losses

Commentary – Essential Tax Companion ¶62755

Private residence relief

Commentary – Essential Tax Companion ¶15535

Legislation/Regulatory – TCGA92 s. 225A

Rate

Commentary – Essential Tax Companion ¶62775

Legislation/Regulatory – TCGA92 s. 4(1AA)

Taper relief

– see Taper relief

Upper rate gains

Commentary – Essential Tax Companion ¶62775

Variation of dispositions taking effect on death

Legislation/Regulatory – TCGA92 s. 62(7)

HMRC Guidance – CG31210 ; CG31820 ; CG31850 ; CG32000 ; CG37886 ; CG37888 ; CG37901 ; SVM107140 ; TSEM6058 ; TSEM6113

Capital losses on death

Commentary – 5.3.5

Change of

Accounting basis

Legislation/Regulatory – ITTOIA2005 s. 240

Generally

Legislation/Regulatory – ITTOIA2005 s. 258

Charge to tax

Commentary – Tax Reporter ¶134-900 ; Tax Reporter ¶365-400

Legislation/Regulatory – ITEPA2003 s. 13(4)-(5)

Charge to tax on income paid to beneficiaries

– see Beneficiaries' income

Chargeable gains

Acquisitions

Commentary – Tax Reporter ¶367-525

Annual exemption

Commentary – Tax Reporter ¶367-100 ; Tax Reporter ¶535-175

Charge to tax

Commentary – Tax Reporter ¶367-000 ; Tax Reporter ¶503-050 ; Tax Reporter ¶503-350

Deed of family arrangement

– see Deed of family arrangement

Disposals

Commentary – Tax Reporter ¶367-550

Exemptions and reliefs

Commentary – Tax Reporter ¶367-625

HMRC Guidance – CG30700

Expenses

Commentary – Tax Reporter ¶367-575

Generally

Commentary – Tax Reporter ¶365-400

Liability

Commentary – Tax Reporter ¶367-675

Losses

Commentary – Tax Reporter ¶367-650

Private residence relief

Commentary – Tax Reporter ¶546-900

Qualifying corporate bonds

Commentary – Tax Reporter ¶559-500

Rate of tax

Commentary – Tax Reporter ¶367-600 ; Tax Reporter ¶500-250

HMRC Guidance – CG30610

Taper relief

– see Taper relief (pre-6 April 2008)

Transfer of asset to legatee

Commentary – Tax Reporter ¶535-500

Commissioners' regulations

Legislation/Regulatory – VATA94 s. 46(4)

Company distributions

Legislation/Regulatory – CTA2010 s. 1061

Dealings with property traders

Generally

Commentary – SDLT Reporter ¶70-500

Disposal of assets by

Commentary – Tax Reporter ¶367-550

Distinction between trustees and

Commentary – Tax Reporter ¶365-275

Case Law – Cochrane's Executors v. Commissioners of Inland Revenue ; Prest (H.M. Inspector of Taxes) v. Bettinson (as trustee of Gladys Dodd deceased Residuary Trust)

Executors acting as

Commentary – Tax Reporter ¶365-225 ; Tax Reporter ¶365-375

Exempt transactions

Commentary – SDLT Reporter ¶30-500 ; SDLT Reporter ¶90-005

Expenses

Commentary – Tax Reporter ¶367-575 ; Hardman's Tax Rates and Tables ¶7-110 ; Hardman's Tax Rates and Tables ¶7-120

Expenses incurred by

Legislation/Regulatory – SP 2/04 ; TCGA92 s. 38, 64

Gains from policies and contracts

Legislation/Regulatory – ITTOIA2005 s. 466

Gains on life policies, life annuity contracts

Commentary – Tax Reporter ¶344-400

Generally

Commentary – Tax Reporter ¶365-225 ; CGT and the Private Residence ¶80-200 ; CGT and the Private Residence ¶80-300

Income tax

Aggregate income of estate

Commentary – Tax Reporter ¶365-900

Deductions and reliefs

Commentary – Tax Reporter ¶365-400

Distributions to beneficiaries

Commentary – Tax Reporter ¶365-600

Generally

Commentary – Tax Reporter ¶365-400

Legislation/Regulatory – TMA70 s. 74

Informal arrangements

Commentary – Tax Reporter ¶365-575

HMRC Guidance – TSEM7410

Interest

Commentary – Tax Reporter ¶365-750

Liabilities

Commentary – Tax Reporter ¶365-550 ; Tax Reporter ¶365-650 ; Tax Reporter ¶365-725

HMRC Guidance – TSEM7418

Case Law – ATTORNEY-GENERAL v. MIDLAND BANK EXECUTOR AND TRUSTEE COMPANY, LIMITED, AS MARSH'S EXECUTOR

Notification of person's death

Commentary – Tax Reporter ¶365-650

HMRC Guidance – TSEM7418

Residence

Commentary – Tax Reporter ¶365-825

Returns

Commentary – Tax Reporter ¶365-575

HMRC Guidance – TSEM7410

Year of death

Commentary – Tax Reporter ¶365-675

Case Law – Moore (H.M. Inspector of Taxes) v. R.J. Mackenzie & Sons Ltd. Commissioners of Inland Revenue v. R.J. Mackenzie & Sons Ltd.

Inheritance tax

Delivery of accounts

Commentary – Tax Reporter ¶180-825 ; Tax Reporter ¶180-885 ; Essential Tax Companion ¶1885

Case Law – Inland Revenue Commissioners v. Stype Trustees (Jersey) Limited and Others. [1985] BTC 8,043 ; Robertson v IR Commrs

Excepted estates

Commentary – Tax Reporter ¶180-855

HMRC Guidance – IHTM06014

Exceptions and limited liability

Commentary – Essential Tax Companion ¶1930

Forms

Commentary – Tax Reporter ¶180-835

Grant of probate

Commentary – Tax Reporter ¶180-875

HMRC Guidance – IHTM05101 ; IHTM10471

Information requirements

Commentary – Tax Reporter ¶180-865

Letters of administration or confirmation

Commentary – Tax Reporter ¶180-875

HMRC Guidance – IHTM05101 ; IHTM10471

Liability

Case Law – Inland Revenue Commissioners v. Stannard. [1984] BTC 8,041

Limitation of liability

Commentary – Tax Reporter ¶183-125

Loans to pay

Commentary – Tax Reporter ¶366-200

Obligations

Commentary – Essential Tax Companion ¶16060

Payment of tax

– see Payment of inheritance tax

Reimbursement

Commentary – Tax Reporter ¶183-135 ; Tax Reporter ¶629-700

Tax burden, allocation

– see Incidence of tax

Time for payment

Commentary – Essential Tax Companion ¶1955

Liability for tax

Extent

Legislation/Regulatory – IHTA84 s. 204(1), (8), (9)

Generally

Legislation/Regulatory – IHTA84 s. 200 ; Misc. 107

HMRC Guidance – IHTM30011 ; IHTM30026 ; IHTM30035 ; IHTM30083 ; IHTM30091

Intermeddling

Legislation/Regulatory – IHTA84 s. 199(4)

Liability for tax of deceased

Capital gains tax

Commentary – Essential Tax Companion ¶62755

Generally

Commentary – Essential Tax Companion ¶62700

Inheritance tax

Commentary – Essential Tax Companion ¶1930

Lloyd's underwriters, carrying on business

Legislation/Regulatory – FA93 s. 179A(3)

Loss on sale relief

Legislation/Regulatory – Misc. 113

Losses of

Commentary – 5.3.7

Lump sums paid to for copyright etc.

Legislation/Regulatory – ITTOIA2005 s. 253

Meaning

Commentary – Tax Reporter ¶365-375

Legislation/Regulatory – IHTA84 s. 272 ; ITEPA2003 s. 721, 878

MIRAS

Legislation/Regulatory – SI 1982/1236 reg. 7A

Non-residents, deposit-takers deduction of tax at source

Legislation/Regulatory – ITA2007 s. 860

Notification of acquisition

Legislation/Regulatory – VATA94 Sch. 11, para. 2(4), (5)

Occupation by beneficiary of estate

Commentary – CGT and the Private Residence ¶80-305

Overview of available loss reliefs

Commentary – 1.2.9

Payment of tax

Legislation/Regulatory – IHTA84 s. 226(1)

Pension schemes

Insurance company, information to be provided by

Commentary – Tax Reporter ¶389-800

Returns

Commentary – Tax Reporter ¶389-350

Scheme administrators, information to be provided by

Commentary – Tax Reporter ¶389-700

Position of

Commentary – Tax Reporter ¶365-225

Powers to raise tax

Legislation/Regulatory – IHTA84 s. 212

Private residence relief

Commentary – Tax Reporter ¶546-900

Profit sharing schemes

Legislation/Regulatory – ICTA88 Sch. 10, para. 1(2)

Property businesses

Legislation/Regulatory – ITTOIA2005 s. 361

Qualifying corporate bonds

Commentary – Tax Reporter ¶559-500 ; Tax Reporter ¶559-600

Refusal of grant of representation where tax unpaid

Legislation/Regulatory – SCA81 s. 109

Repayment supplement

Legislation/Regulatory – ICTA88 s. 824(9)

Representative, meaning

Legislation/Regulatory – CEMA79 s. 1(1)

Residence

Commentary – Tax Reporter ¶199-515 ; Tax Reporter ¶365-825 ; Tax Reporter ¶367-500

Legislation/Regulatory – ITA2007 s. 834, Sch. 2, para. 136, 137

HMRC Guidance – INTM340080 ; TSEM7358

Returns

Commentary – Essential Tax Companion ¶1345 ; Tax Reporter ¶180-675 ; Tax Reporter ¶365-575

HMRC Guidance – TSEM7410

Returns, failure to make

Legislation/Regulatory – VATA94 s. 73(5)

Revenue and Customs contact centres

Legislation/Regulatory – SP 1/10

Stamp duty land tax

Acquisition of dwelling by property traders

Legislation/Regulatory – FA2003 Sch. 6A, para. 3

Assets and appropriations by

Legislation/Regulatory – FA2003 Sch. 3, para. 3A

Generally

Commentary – Essential Tax Companion ¶63110 ; Essential Tax Companion ¶63460

Legislation/Regulatory – FA2003 s. 106

Sums paid to trustees, rate of tax

Legislation/Regulatory – ITA2007 s. 483

Trade/business carried on by

Generally

Commentary – Tax Reporter ¶203-000 ; Tax Reporter ¶366-175

Case Law – (1) Wood (H.M. Inspector of Taxes) v. Public Trustee as Executor of Sir Alec Black, deceased (2) Commissioners of Inland Revenue v. Public Trustee as Executor of Sir Alec Black, deceased. ; COHAN'S EXECUTORS v. THE COMMISSIONERS OF INLAND REVENUE. ; Commissioners of Inland Revenue v. Donaldson's Trustees ; MARSHALL'S EXECUTORS, HOOD'S EXECUTORS AND ROGERS v. JOLY (H.M. INSPECTOR OF TAXES) ; NEWBARNS SYNDICATE v. HAY (H.M. INSPECTOR OF TAXES) ; Pattullo's Trustees v. Commissioners of Inland Revenue ; THE EXECUTRICES OF PHILIP WEISBERG, DECEASED v. THE COMMISSIONERS OF INLAND REVENUE ; TRUSTEES OF EARL HAIG v. COMMISSIONERS OF INLAND REVENUE

Limited companies

Commentary – Tax Reporter ¶366-175

Partnerships

Commentary – Tax Reporter ¶366-175

Sole trader

Commentary – Tax Reporter ¶366-175

Transfer of securities

Legislation/Regulatory – ITA2007 s. 636, 640

Trustees, distinction between

Commentary – Tax Reporter ¶365-275

Case Law – Cochrane's Executors v. Commissioners of Inland Revenue ; Prest (H.M. Inspector of Taxes) v. Bettinson (as trustee of Gladys Dodd deceased Residuary Trust)

Vesting in

Commentary – Tax Reporter ¶365-200

Winding up estate

Commentary – Tax Reporter ¶365-425

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