Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Genuine mistake

23 February 2016
Issue: 4539 / Categories: Tax cases

Executors of Terence J Guy (deceased) (TC4849)

Discovery assessment on executors

The executors of the deceased taxpayer who died on 15 October 2012 appealed against a penalty of £5 060.18 issued for failure to disclose income. This gave rise to an assessment to income tax due from the taxpayer issued on 15 April 2015 for £14 457.67.

The taxpayer’s estate was worth about £1.5m at the time of his death. An inheritance tax return was filed in January 2013 and probate applied for in February 2013. The executors filed the taxpayer’s self-assessment tax return for 2012/13 on 10 August 2013. The self-assessment return covered the period from 6 April 2012 to the date of death but under-declared the income for that period.

On 26 September 2013 an executor wrote to HMRC sending a cheque for £15 332.92 which was then the outstanding tax due and saying that they ‘presumed this is...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon