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Is this just HMRC playing for time?

Posted by Phil Rees PM | on Wed, 10/03/2010 - 14:55  689  9 comments | report

Client died January 2010.

HMRC require new 64-8 from personal representatives "before I can correspond with you further". Surely this is nonsense?

I have certainly never had this problem before, but I have only been in practice for 32 years.

 

Comments

Are they correct?

Anonymous | Wed, 10/03/2010 - 15:04 | Permalink

Strictly speaking I think they are. Also you are no longer engaged with the deceased.

cymraeg_draig's picture

Good luck - you will need it

cymraeg_draig | Wed, 10/03/2010 - 15:11 | Permalink

Assuming the client left a Will they will need a copy of the death certificate plus the grant of probate and a 64-8 signed by the executor of the Will.

Of course, that wont necessarily sort it because we are still getting letters addressed to Mrs *****(deceased) FIVE YEARS after the client passed away, and the word (deceased) after her name on all their records doesnt seem to give them a clue.

As executor of her Will I sent a final tax return in.  Two years later it was returned to us, it had the death certificate and the grant of probate still stapled to it, and the covering letter said - "we cannot accept the enclosed as it must be signed by the taxpayer in person, Mrs **** (deceased)". 

Incidently, the final return was late being submitted for obvious reasons and they issued a penalty - it seems that being dead is not a reasonable excuse as far as HMRC is concerned 

 

Phil Rees's picture

Oh no, HMRC's letter didn't ask for proof that the bloke is dead

Phil Rees | Wed, 10/03/2010 - 15:22 | Permalink

They just asked for an agent authority signed by the PRs. They didn't want any proof that they were actually the PRs: "You do not need to send the grant of probate, letters of administration, will or death certificate."

 

probably right

Anonymous | Wed, 10/03/2010 - 15:35 | Permalink

but again like you Phil handled many of these over the last 30 years and don't remember ever having this...trouble is with HMRC they make it up as they go and policy is often luck of the draw as to where you live...

suppose your engagement with the client terminated on death as it were and you now have a new client i.e. the PRs.

Doesn't surprise me in the slightest that they didn't ask for proof of the clients demise....that would be a logical and sensible precaution particularly given MLR but no lets just throw more meaningless bureaucracy into the pot instead shall we.....

pembo

 

ridiculous

Supotco | Wed, 10/03/2010 - 16:12 | Permalink

I had a letter requesting that I get my (deceased) client to sign something. I responded by sending back copies of the death cert and the letter notifying them, and observed that client had left no forwarding address.

cymraeg_draig's picture

Clairvoyant

cymraeg_draig | Wed, 10/03/2010 - 16:22 | Permalink

I was tempted to write to their "Clairvoyant Department, c/o Chairmans Office.

dead parrott

Anonymous | Wed, 10/03/2010 - 16:48 | Permalink

all part of HMRCs blinkered thought processes I'm afraid...had the same request for a dead company...really could not understand that as the company had been struck off it ceased to exist QED the form they wanted could not be signed by a director...ended up doing the John Cleese impersonation I'm sorry to say...

pembo

number3's picture

:-)

number3 | Wed, 10/03/2010 - 17:09 | Permalink

quoating the Dead parrot sketch to the HMRC  made my day

Address

Anonymous | Thu, 11/03/2010 - 08:32 | Permalink

A while ago I had to phone the Revenue concerning a deceased client ( who they new had passed on) and whilst going through security I was asked for my client's address to which I responded 'Heaven' ( certainly not the other place for this client) and the individual at the call centre had obviously not even had a sense of humour from birth by his reaction.