IHTM30502 - Remissions: distinction between remissions and irrecoverable assessments


In specified circumstances a claim for tax may be discharged:


  • as irrecoverable or
  • by way of remission of tax prima facie recoverable.

The distinction between these two categories is that:


  • tax which is remitted - i.e. is forgiven - is prima facie recoverable but for special reasons the claim is not enforced
  • but tax may in whole or part be irrecoverable, e.g. where the liable person ( IHTM30011) has disappeared, has become bankrupt, has removed outside the jurisdiction of the British Courts, or has died leaving no estate. The tax is not forgiven but it cannot be collected.