HMRC close a complex ongoing tax investigation without adjustments

HMRC close a complex ongoing tax investigation without adjustments

This case came to us from another firm of accountants in London. It involved our client being under investigation for undeclared capital gains and rental income for a number of years. The client’s previous accountant and the client had previously written to the tax inspector without taking specialist advice. This had made matters even worse and the case was more complex than it needed to have been. Having taken on the case, we carried out an extensive investigation into the facts and background that lead to our client being involved in the investigation. We found that our client did not have beneficial interest in the assets and therefore had been wrongly put under investigation. Initially, our suggestion was not accepted by HMRC inspectors and after prolonged discussions and supporting evidence, the inspector accepted our technical position and closed the investigation without making any adjustments after almost two years. We are grateful to the HMRC inspector for taking a broader and more pragmatic view of the situation and accepting our position. This was a great success and relief for our client and their family after prolonged period of excessive stress. Please click here to HMRC’s letter closing the enquiry without any adjustments.
Inheritance and Capital Gains Tax Strategies

Inheritance and Capital Gains Tax Strategies

This client came to us following a recommendation by their accountant for strategic inheritance tax and capital gains tax planning. The client had accumulated a number of properties over time and wished to pass these onto their children. There is usually friction between inheritance tax and capital gains tax whereby if the assets are transferred during a lifetime, there is a capital gains tax charge. In contrast, if the assets are left in the estate until death, there is an inheritance tax charge at 40%. The other main issue with leaving assets (especially property) within the estate is that the increase in value over time meaning the inheritance tax liability increases over time. We were able to propose a unique tax planning structure which reduced our client’s estate and therefore the inheritance tax liability. At the same time, the tax planning allowed for no capital gains tax to be paid.

Our analysis: Before coming to see us this client had taken advice on setting up a number of trusts which in our view over complicated matters and ultimately ended with a high tax liability than was required.