Where a relief mentioned at
TSEM7390 is due, the relief should first
of all be set against any untaxed income, such as business profits
or rents from property. In this way the relief can be given in any
informal calculation of the personal representatives’ tax
liability, provided the conditions at
TSEM7410 are met.
It is often the case that personal representatives will only
receive income that has been taxed at source, or have insufficient
untaxed income to utilise all of the relief. When this happens the
relief will give rise to a repayment of tax. The repayment will
need to be dealt with by issuing a SA return for the year(s) in
question.
In such cases the matter should be referred to the
appropriate HMRC Trusts Office (see
TSEM7406 and
TSEM1420.
