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Issue:
4887
/
Categories:
Comment & Analysis
, excluded property
, First-tier Tribunal
, HMRC
, IHTA 1984
, Upper Tribunal
, Inheritance Tax
A most uneven fight: me v HMRC
Key points
- HMRC confirmed that the Marshall Trust is excluded from inheritance tax by virtue of s 48(3). We assumed that that meant that no further IHT was payable whatsoever.
- We were in limbo awaiting the decision in a similar case Salinger which was in the end not heard.
- Professional legal representation is not affordable and litigation obviously carries much financial risk.
- Being a litigant in person is no easier – it is stressful and involves a huge amount of work and research.
- It became apparent that HMRC was ‘marking its own homework’ and gave itself longer deadlines.
- Agreeing to engage HMRC’s expert jointly turned out to be the wrong decision.
- HMRC is not held accountable so it will never change.
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