Skip to main content

2026 FAMILY, PRIVATELY OWNED AND OWNER-MANAGED BUSINESS SURVEY

Download now

Chargeable Event Gains – Possible Tax Repayment for your law firm estate clients

Graham Poles

Tax Partner

Scott McIver

Tax Senior Manager

This Article first appeared in the Winter 2021/22 edition of The Law.

The Law winter edition

The way in which tax is calculated on chargeable event gains is extremely complex and has been open to interpretation of the current legislation.

Silver v HMRC (TC07013)) which the taxpayer won. This case related directly to how higher rates of tax is paid on life insurance bonds and the interaction with personal allowances. As a result of this case, it now provides an opportunity to reassess gains and approach HMRC in order to obtain a tax repayment. Significant chargeable gains can often arise when an individual dies and the gains are crystalised, therefore, you may have a number of estates that may have overpaid income tax in the year of death of the individual.

Our Expertise

As the tax case was only heard at the First Tier Tribunal, HMRC are not bound by the decision and are not automatically issuing tax repayments to individuals that may be affected. However, we can advise that we have successfully challenged HMRC on this point and have obtained significant tax repayments for our clients.

Time Limits

There was a change in legislation in March 2020, which by concession will also apply to the 2018/19 tax year. As a result of this change any gains arising since 2018/19 should benefit from the beneficial tax calculation. However, HMRC are not applying the rules for earlier years therefore a claim needs to be made. In order to obtain a repayment for the 2017/18 tax year a claim needs to be made before 5 April 2022 although depending on specific circumstances it may be possible to look at previous tax years. Therefore, if you have been involved in any estates that received significant chargeable event gains resulting in the taxpayers income exceeding £100,000 please let us know as it may be possible to obtain a tax repayment.

Subscribe to
The Law

The LAW is our online newsletter for the legal profession, produced by our legal sector team. It provides a platform to share our experience of supporting lawyers across the UK.

Subscribe

Related news stories

18th January 2022

A potential tax efficient strategy for business owners

7th January 2022

Starting up a new law firm - a new guide from Law Firm Ambition

Recent news stories

Legal professionals reviewing and signing a contract agreement at a conference table with legal documents and a scales of justice statue in the background.

30th September 2026

Professional services firms balancing growth ambitions with rising regulatory and operational pressures

Insights banner for Armstrong Watson’s 2026 Family, Privately Owned and Owner-Managed Business Survey Report.

25th September 2026

Tax increases and inflationary pressures top concerns for Yorkshire businesses, while cyber attacks have hit 1 in 3, latest survey reveals

Insights banner for Armstrong Watson’s 2026 Family, Privately Owned and Owner-Managed Business Survey Report.

25th September 2026

Cyber attacks hit more businesses in North East, while tax increases and inflationary pressures top concerns, survey reveals

Armstrong Watson can help

Whether you need expert accounting, strategic business advisory, tax planning, or financial guidance, our experienced team is here to support your success. From sole traders to large enterprises, we provide tailored solutions to help you navigate complex financial challenges and achieve your goals. Get in touch today to discover how we can help your business thrive – call 0808 144 5575.

Contact the team