Sorting out a loved one's estate has just got more expensive for
those who - for whatever reason - missed an Inheritance Tax
deadline.
Late payment interest charges have been raised by Her Majesty's
Revenue and Customs from nil percent to three per cent 3% and this
has been viewed by some commentators as another stealth tax.
A lawyer in the private client department at Stratford-upon-Avon
law firm Lodders is advising that this charge can be easily
avoided, so long as you are organised and have a good team of
advisers who are on top of the situation.
Louise Igoe, an associate in the firm says: "We are aware of the
way all this is being viewed, and we can understand it being an
unpopular move in the current economic climate."
"HMRC has insisted this is merely harmonising the system, but
critics point out these issues come at a time when families may
still be grieving, and there can be a particular problem concerning
property, with executors forced to raise funds to pay the tax in
unfavourable market conditions.
Mrs Igoe said the increase in interest rates would put greater
pressure on executors to pay the IHT on time with the initial
amount becoming due six months after the end of the month in which
the deceased died.
"However, we would emphasise that good lawyers can help
executors to administer estates efficiently to avoid such
costs".
Until September 1 HMRC were making no charge for the late
payment of IHT, which included instances where, in the case of land
or property, the taxpayer elected to use the ten year instalment
option.
"If on the other hand it turned out that too much IHT is being
paid, HMRC will pay interest to the taxpayer at a rate which is one
per cent below base - although at the moment it has promised a 0.5%
floor.
"Currently therefore it will be 0.5% - slightly better than
nothing," said Mrs Igoe.
She said there has been speculation that the charges would levy
around £10m for the tax man and it should be noted that this
was separate from the penalty system which allowed HMRC to charge
penalties if information had been overlooked or the figures proved
to be inaccurate. In some circumstances the penalty could
double the actual tax charge.
Mrs Igoe added: "HMRC has insisted, however, that the interest
rate rise is 'not a penalty but compensation' for tax paid late. It
argues that the outcome will be a fairer system."