Latest News

HMRC Crack Down on Foreign Property Tax Avoidance HMRC Crack Down on Foreign Property Tax Avoidance
Intention Sufficient Basis for Rectification of Will Intention Sufficient Basis for Rectification of Will
C'est Bon, Le Pre-Nup C'est Bon, Le Pre-Nup
Conduct Determines Legal Ownership Conduct Determines Legal Ownership
Six-Figure Settlement for Botched Heart Surgery Six-Figure Settlement for Botched Heart Surgery
If You do Not Understand it, Take Advice If You do Not Understand it, Take Advice
Lotto Win Not Part of Family Assets Lotto Win Not Part of Family Assets
Government to Outlaw Squatting in Residential Premises Government to Outlaw Squatting in Residential Premises
Father's Gifts to Daughter Challenged by Sister Father's Gifts to Daughter Challenged by Sister
Tribunal Confirms No Compensation for Rock Shareholders Tribunal Confirms No Compensation for Rock Shareholders

IHT Determined by Open Market Value

A recent case illustrates that HM Revenue and Customs (HMRC) will often vigorously challenge potentially low asset valuations for Inheritance Tax (IHT) purposes.

HMRC disputed the probate value of a property, which had been valued by two different valuers at £250,000 at the date of death of the owner in 2005. The problem was that the property had been bought for £268,450 in 2002 and in the intervening period house prices had risen. However, the 2002 purchase took place because the deceased was desperate to live near his daughter and had done a private deal with one of her neighbours to achieve that end.

HMRC proposed that a valuation of £350,000 be adopted for probate purposes and, after considerable negotiations, reduced this to £275,000. There was no further compromise, so the matter ended up in the Upper Tribunal.

The executors of the estate won. The Tribunal considered that HMRC were wrong to take the 2002 valuation as their starting point as there were 2005 valuations to hand, especially as there was considerable evidence that the 2002 deal was not an ‘open market’ purchase.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.