Monitoring the excepted estates rules: the prescribed period
The procedure for obtaining a grant for an excepted estate (IHTM05026) is quite straightforward.
The prescribed period ends 35 days after the making of the first full grant to the deceased in England and Wales. In Scotland (IHTM05027) the period is 60 days after Confirmation is granted.
During the prescribed period the Board of HMRC has the right to ask the personal representatives (IHTM05012) to provide additional information by issuing a notice in writing. If any further information is required to make sure the estate qualifies as an excepted estate, the letter must be sent out within the prescribed period. Although the regulations use the word ‘notice’, you should first try to get the information and resolve any issues by letter. If the personal representatives do not co-operate, you will need to consider serving a taxpayer notice FA2008/Sch36/Para1 (IHTM32132). A taxpayer notice, rather than a third party notice, is sufficient as you are seeking to check the taxpayer’s tax position. After the period expires the personal representatives are automatically discharged (IHTM06043) from liability to IHT/CTT in respect of the deceased’s estate, except in cases where we have asked for further information and those set out in IHTM06044.