Jacques Leclerc

It is unacceptable to provide such a glib, vague and in fact mainly wrong answer. The only place in which revocation of a hold-over relief claim is mentioned is in s 226A(6) TCGA 1992. No procedure or time limit is set out. There is no mention of ANY of this in the Capital Gains Manual, or in Help Sheet 295 or its claim form, nor in TMA 1970 (where you would expect the procedure to be set out).

Ok. Forget the policy. Where is the legislation and the guidance, if any?

Why is there so little guidance about this and any related procedure in Help Sheets and the CG Manual or otherwise?

Absolutely not good enough.

You did not answer the question. What if the trust is not liable to CGT or IT but only to IHT or SDLT or SDRT?

[Post amended - Admin]

If a trust is liable to IHT or SDLT or SDRT it must register on TRS as a taxable trust: TRSM25030. But it is impossible to do this online as the system only allows the trustee to choose income tax or CGT and otherwise sends you down the non-taxable route. How does the trust fulfil its obligation to register on TRS? Clue: the answer is not to write to Trusts and Taxes

How can this be obtained? The need for it has been public knowledge since September 2020 (Reg5 SI 2020/991) . I hope I do not have to suffer the palaver of logging into every trust to get it because HMRC's system failed to anticipate that a newly registering trust might need one.

S54TMA is totally irrelevant. s74 refers to personal representatives but confirms that they act as alter ego of the deceased individual taxpayer. There is nothing in TMA that authorises estates to be registered on TRS. I will not be phoning Trusts and Estates as you suggest. I will be copying this conversation with its wholly inadequate over-simplistic and wrong answers and writing to HMRC as a concerned taxpayer about the issue itself and this sub-standard service.

I presume you mean Part 5 Chapter 6. This is the charge to tax on Beneficiaries who receive estate income. It has absolutely nothing to do with a power for HMRC to register an estate on TRS. I resent these plainly inappropriate answers from an apparently official source. It is Misinformation.

This is not a question about trusts it is a question about ESTATES. TRSM 27010:"TRS is used to register a complex estate in order to set up the required tax record and generate the required estate Unique Taxpayer Reference (UTR) for self-assessment purposes. Estates are not required to register under the Money Laundering Regulations, instead this is for administrative purposes only and the information collected on registration reflects that." As the MLRs do not apply what is HMRC's legal authority for requiring an estate to register on TRS? HMRC cannot make things up however convenient