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Readers' forum : Film interest

04 January 2017
Issue: 4581 / Categories: Forum & Feedback

Whether executors can claim for the deduction of loan interest in an estate.

I am preparing a tax return to the date of death for a deceased client and the estate return for the period to 5 April 2016.

My client was an investor in two film partnerships and claimed loan interest as qualifying for an income tax deduction under ITA 2007 s 398.

Can the executors of the estate and going forward the beneficiary make a claim under s 398 as well? Although I understand these claims are generally under enquiry with HMRC I would like to assume at this point that this will not be disallowed. I would like to find the answer because it may well be relevant to other clients who incurred interest for a different reason.

I wonder whether the specific use of the word ‘individual’ in the legislation rather than ‘person’ means that the interest would not be allowed as a...

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