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Posted Fri, 29 Nov 2024 12:40:22 GMT by twistedmelon
Guidance 'HS320 Gains on UK life insurance policies (2022) ' Part 3 - Chargeable Events - Tax Reliefs Begins by stating "Top-slicing Relief You should ignore this section if you’re a trustee or a personal representative of a deceased person who is taxable on a gain. This is because in these circumstances, you’re not entitled to Top-Slicing Relief." "Personal representative of a deceased person who is taxable on gain. " How is someone supposed to read and understand this? a - A personal representative of a decreased person, the personal representative being taxable on gain. or b - A personal representative of a decreased person, the deceased personal being taxable on gain. I assume it is b, because looking at the following sentence, I'm not claiming top slicing relief, the deceased estate is claiming. i have also seen several websites from financial planners stating that top slicing relief is available. However some clarification would be appreciated. My mother died, she had investment bonds is top slicing relief available?
Posted Wed, 04 Dec 2024 15:19:08 GMT by HMRC Admin 34 Response
Hi,
Please refer to guidance at:
IPTM3240 - Person liable to charge: death cases
Thank you
Posted Wed, 04 Dec 2024 18:32:13 GMT by maxb
If I understand correctly, the deciding point is who was listed as the life or lives insured on the bonds. If it was your mother (solely, or as last remaining life insured), the bonds end, and the gain is treated as part of her final personal taxation, and top slicing is available. If at least one life insured remains living, the bonds continue into the estate as bonds, and if a personal representative was to then need to trigger their surrender for value (e.g. to realise cash to pay bequests), they would be subject to tax with no top slicing permitted. Or at least, that's what I think I've gleaned from trying to understand my own family's affairs!

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