Has an election been made?: requirements for a valid election
The requirements for a valid election were that
- the persons making the Instrument of Variation, (and if, but only if, the variation gave rise to additional tax to be paid, the personal representatives)
- gave written notice of the election to the Board of HMRC
- within six months of date of the instrument, or such longer time as the Board allowed.
In our view, an election which was validly made was irrevocable. This was made public in the letter referred to at IHTM35021.
If a notice did not meet the requirements above, it will have been ineffective for the purposes of IHTA84/S142 (1), and
- a fresh election could have been made (subject to the time limit), but
- if this was not done, the variation was not acceptable within IHTA84/S142 (1).