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06 October 2014
Issue: 4472 / Categories: Tax cases , Inheritance Tax

Executors of estate of Simon Verdegaal (TC3994)

The taxpayers were the sons and executors of the deceased.

They submitted form IHT200 in August 2005. HMRC issued trust and estate tax returns in March 2012 for 2008/09 2009/10 and 2010/11. The deadline was 5 July 2012 but the completed documents were not submitted until March 2013.

The Revenue issued late filing penalties and surcharges for the late paid tax.

The executors appealed saying the deceased’s affairs were complicated and it had taken a long time for professional advisers to sort them out. They were also waiting for the taxman to accept an amendment to the IHT200. Also the executors had health difficulties and one of them lived in Tasmania.

The First-tier Tribunal said the delays were not the actions of a “reasonable professional adviser”. Reliance on their accountant did not provide the taxpayers with a reasonable excuse for the late returns.

The judge...

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