IHTM05045 - Completing the account: signing the IHT400 (Scotland)

Although only one personal representative ( IHTM05012) (pr) signs the inventory ( IHTM05025), IHTA84/S216 requires that all personal representatives (prs) must deliver an account ( IHTM05032) of the estate for inheritance tax purposes. A pr who has not signed theIHT400 cannot be said to have delivered an account. This may create difficulties later should the issue of penalties ( IHTM36001) or notices ( IHTM37001) be in point.

The joint and several liability ( IHTM30011) of prs in Scotland is no different to that of prs in the remainder of the UK. Therefore the correct position is that all prs should sign the account. This applies to both theIHT400 and the IHT 205. Any case where this position is challenged should be referred to Technical Group.

Where there is tax to pay, FACET will check and return anyIHT400s, together with the Schedules ( IHTM10033), that have not been signed by all the prs applying for confirmation ( IHTM05104). The inventory will be retained and not released until a properly signed account is received.

In non-tax cases, we will not know whether the account has been properly signed until the inventory is received after confirmation has been granted. We will not check the position for cases that have passed the sift. But for those that fail the sift, you should check the position. If the account has not been signed by all the prs applying for confirmation, you should file a copy of theIHT400 and Schedules before returning the originals to the parties to be signed by all prs.

If more than four prs apply for confirmation, the taxpayer can amend the IHT400 to suit.