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HMRC internal manual

Repayment Claims Manual

From
HM Revenue & Customs
Updated
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RO instructions: First claims: vouchers not in sole name of taxpayer

RM4056 tells you when to use this paragraph to look at vouchers which are not in the sole name of the taxpayer. When you receive the first claim for the source write to the claimant and ask

  • in what capacity the persons named on the voucher hold the investment or property
  • what interest does the taxpayer have in the income
  • whether there is a continuing trust, if so

    • which District deals with the tax affairs of the trust
    • under what reference the trustees make returns
    • the name of the settlement, trust or estate
    • the name and address of the person to whom you should write about the such trust.When the claimant replies the action you take will depend on the information you receive.

| Reply | Action | || | There is a continuing trust (under a will, intestacy or settlement) | If the claimant cannot tell you the Trust District and reference number try to trace the District using TI.
If TI does not show you the District, refer to TM600 - TM601 and TM/APP1.
Send a copy of the correspondence and the vouchers to the Trust District.
Ask them to tell you how much to repay. | | There is no continuing trust | If the income is received by nominees for the taxpayer, for example a nominee or investment company makes or manages investments for the taxpayer
Accept the claimant’s statement and accept the voucher.
Otherwise
Get a certificate from the persons named on the voucher to confirm that the taxpayer has an absolute interest in the income received in their name.
Do not accept that the income belongs to the taxpayer unless the executors, trustees, or acting agent provide a certificate. |