TSEM2110 – Trust enquiries – selecting a trust for enquiry – clearance on trust winding up
Background
If a trust is wound up and HMRC needs to send a tax return to
the trustees, covering the period to the cessation, we will usually
do this after the end of the tax year in which the cessation
occurred. Under self-assessment, however, HMRC can enquire into a
tax return within a specified time
For returns that relate to the tax year 2007-08 or a later
tax year the time allowed is up to 12 months after the day on which
the return was delivered. This could mean that if a trust was wound
up, say, on 10 April 2007 the trustees could not be sure, until 12
months after they filed their return, whether HMRC were going to
enquire into the return for the period to cessation. In this
example the return could be filed at any time from 11 April 2007 to
31 January 2009, so the trustees would not be sure of their
position until a date between 11 April 2008 and
31 January 2010.
Procedure – return
To help trustees settle the tax affairs of the trust quickly
HMRC will, if requested, issue a tax return before the end of the
tax year in which cessation occurred.
This practice is not statutory, but was included in the
Budget announcement for Finance Act 2007.
Procedure – clearance
Whether the tax return is issued before or after the end of
that tax year, HMRC will, if requested, give early written
confirmation if we do not intend to enquire into that return.
This confirmation does not preclude, in exceptional
circumstances, HMRC enquiring into the tax return at a later date
if we discover that the return was incomplete or incorrect. But in
the vast majority of cases, receipt of this written confirmation
will signify the end of HMRCs interest in the income and capital
gains tax affairs of the trust and, where that is the only open
matter, will enable the trustees to finalise tax liabilities and
distribute trust property.
This practice is not statutory, but was included in the
Budget announcement for Finance Act 2007.
Action
If a trust has been wound up and the trustees request a tax
return before the end of the tax year, issue a tax return in-year.
(This text has been withheld because of exemptions in the
Freedom of Information Act 2000)
If the trustees request a clearance we should acknowledge
their request. If we do not intend to open an enquiry we should
issue a letter confirming this. If we need time to carry out
research we should keep the trustees informed.
This does not prevent us using the discovery provisions if
it later turns out that the return is incorrect or incomplete.
