Position of executors after the FTT decision in Hogg

KEY POINTS

• An estate must settle the tax for the administration period before distributing assets.
• HMRC required the executor to file a return under TMA 1970 s 8A.
• Form SA900 must be filed under TMA 1970 s 8.
• The Revenue should have taken a more reasonable approach.

The imposition of penalties for failing to file tax returns on time can come as a shock to executors administering an estate. The decision of the First-tier Tribunal in David Hogg (TC5987) is therefore welcome and may assist executors in a similar position.

Cancelling the penalties the judge said HMRC had failed to use discretion when considering the penalty position even though the legislation afforded it the...