HMRC Enquiry : details of late husbands estate

HMRC Enquiry : details of late husbands estate

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Hello

HMRC have opened an enquiry about a clients capital losses in 2008/09.  The losses were not originally included on the 2008/09 SA and we submitted an amended SA to include them (within one year after original submission - so allowable)

The husband passed away and all of his estate passed to his wife and she invested these centrally in onemanaged fund. 

Originally HMRC asked for details of the capital losses, which we supplied, they are now asking for a copy of her late husbands estate documentation showing what assets were transferred to her.  The probate was all dealt with by one firm and she has all teh documentation but I have concerns that once this information is sent to HMRC more questions will surely follow ..

In their letters they have not said on what grounds they request this information

Their exact words are: "To allow me to consider your client's 2008/09 Capital Gains in greater details I will require the following information - "

Can i ask on what grounds they request this information ?  What do you advise as the best way to proceed, it all seems a bit of a fishing trip to me ...

Thanks

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By bernard michael bayly
15th Apr 2011 15:05

HMRC enquiry

This enquiry is best handled by the executors to whom it should be passed as all laibilities (if any) of the estate will have to be paid by them and are their responsibility not yours

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By frustratedwithhmrc
16th Apr 2011 11:04

Not just responsibility, but liability.

The executors will also be legally liable if they have distributed funds without giving heed to creditors.

All a bit moot if the executor is the wife, obviously. Still - worth pointing out.

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