INTM600050 - Transfer of assets abroad: Mandatory referral to CAR Trusts & Estates Bootle

CAR Trusts & Estates (Technical) Bootle is responsible for the operation of the legislation contained in Chapter 2 Part 13 ITA 2007, the provision of Technical Advice thereon and any litigation involving transfer of assets legislation.

All enquiry work involving possible application of the transfer of assets legislation is undertaken by or in conjunction with the specialist team in CAR Trusts & Estates (NR Trusts Compliance) Bootle. Special Investigations offices and CAR High Net Worth Units also undertake review work in this area in relation to cases handled by them.

The individual Self Assessment tax return will often be the first point of identification of cases where the legislation may apply, and as such those handling receipt of returns have a vital role to play in identifying potential application of this legislation. Offices should not however attempt to determine liability to the Income Charge (INTM600020) or the Benefits Charge (INTM600030) or discuss the application of the provisions with agents without first contacting CAR Trusts & Estates Bootle.

Any case in which it is identified that transfer of assets does or may apply must be referred to CAR Trusts & Estates (Technical) Bootle who will arrange any necessary risk assessment of the case and advise on whether and how this aspect is to be taken forward.

CAR HNWU and Special Investigations offices do not have to make a referral of their own cases in accordance with the previous paragraph but should consult with CAR Trusts & Estates (Technical) Bootle for advice as necessary, and in every case where litigation may be a possibility.

See INTM600060 for a list of factors that may indicate potential liability. This list is not intended to be exhaustive.

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

You must also submit your papers if you receive an application to exemption from liability under ‘Income Charge’ or ‘Benefits Charge’ - see INTM600040. You should not enter into correspondence with the taxpayer or his agent on the application of the exemption provisions. Any enquiry from a taxpayer or professional adviser about the scope and effect of the legislation, or its application to a particular taxpayer, should be referred directly to CAR Trusts & Estates (Technical) Bootle. You may also contact CAR Trusts & Estates (Technical) Bootle for general advice on this legislation at any time if you feel you need it. Contact details are at the bottom of the page.

CAR Trusts & Estates (Technical) Bootle Tel. 0151-472-6228/6250