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IHT400 Notes : Guide to completing your Inheritance Tax account

IHT400 Notes : Guide to completing your Inheritance Tax account

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Changes <strong>to</strong> the<br />

administration of<br />

an estate<br />

<strong>Inheritance</strong> <strong>Tax</strong> and<br />

the grant<br />

<strong>IHT400</strong> <strong>Notes</strong><br />

Wartime compensation<br />

payments<br />

<strong>Guide</strong> <strong>to</strong> <strong>completing</strong> <strong>your</strong> <strong>Inheritance</strong> <strong>Tax</strong> <strong>account</strong><br />

Where there are <strong>to</strong> be changes in the administration of an estate, you can<br />

apply for a grant <strong>to</strong> allow the administration <strong>to</strong> continue, provided the<br />

assets concerned were included in an earlier grant.<br />

England, Wales and Northern Ireland<br />

You must use form Cap A5C (available from our helpline) (or form Cap A5N<br />

in Northern Ireland) if you are applying for a:<br />

• Grant of double probate — Where an execu<strong>to</strong>r (perhaps due<br />

<strong>to</strong> ill health) was not party <strong>to</strong><br />

the initial grant, but on regaining<br />

health the execu<strong>to</strong>r wishes <strong>to</strong> take<br />

up office.<br />

• Grant de bonis non administratis — When the only or last surviving<br />

execu<strong>to</strong>r dies without fully dealing<br />

with the estate.<br />

When you have filled in the form, send it <strong>to</strong> the Probate Registry.<br />

Please do not send it <strong>to</strong> us first.<br />

Scotland<br />

If you need an 'Eik <strong>to</strong> Confirmation' for additional assets or <strong>to</strong> amend an<br />

estate, you should fill in form C4(S) Corrective Inven<strong>to</strong>ry and Account and<br />

send it <strong>to</strong> us. After we have checked it, we will stamp and return the form<br />

<strong>to</strong> you so you can send it <strong>to</strong> the Sheriff or Commissary Clerk. If you need an<br />

'Eik <strong>to</strong> Confirmation ad non executa' (where the estate has not been fully<br />

administered and none of the original execu<strong>to</strong>rs, or substitutes, remain in<br />

office) you should get form X-1 from the Sheriff or Commissary Clerk.<br />

You must pay any <strong>Inheritance</strong> <strong>Tax</strong> and interest that is due before you can<br />

get a grant. <strong>Tax</strong> on certain assets may be paid by 10 annual instalments.<br />

The law says that we must charge interest from the first day of the seventh<br />

month after the month in which the person died.<br />

For example, if a person dies on 7 January, we charge interest from<br />

1 August. It does not matter why you have not paid the tax by then.<br />

Interest will still be due.<br />

There is more information about instalments later in this guide on page 53.<br />

If the deceased received a compensation payment during their lifetime for<br />

personal harm suffered at the hands of the Japanese or Nazi Governments,<br />

you should reduce the amount of tax charged on the estate by the smaller of:<br />

• 40% of the payments received, or<br />

• the amount of tax payable before allowing the deduction.<br />

For example, the deceased received a payment of £10,000, which would<br />

give a deduction of £10,000 x 40% = £4,000. The <strong>Inheritance</strong> <strong>Tax</strong> on the<br />

estate before the deduction was £5,000. The tax can be reduced by £4,000.<br />

To apply the reduction you should include the figure for the reduction in<br />

tax at box 17 on form <strong>IHT400</strong> Calculation. Applying the reduction can only<br />

reduce the tax liability <strong>to</strong> nil, it cannot result in a repayment of tax.<br />

7

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