The table below lists the checks that you need to make before you can agree the claim to loss on sale of land relief. You should try to complete all the checks and, if appropriate, wait for advice from TG before raising enquiries about the claim.
| Check | Action |
| (a) Is the date of sale of each interest in land ( IHTM33061) sold within four years of the date of death (or if the interest was sold for a higher price ( IHTM33074) within three years of the date of death)? | If not you will need to take this up with the taxpayer and seek to exclude the property from the claim for relief. The exception is when property is sold subject to compulsory purchase ( IHTM33091). |
| (b) Has the correct date of death value ( IHTM33100) for each property sold been included in the claim? | If not you will need to take this up with the taxpayer and amend the claim as appropriate |
| (c) Is there evidence to suggest that the sale may not have been at arms’ length? | You should consider whether the instructions on non-qualifying sales ( IHTM33081) apply and if necessary. take this up with the taxpayers. In other cases, you should ask the VOA (23185) whether the sale was for the best consideration reasonable obtainable ( IHTM33072) at the time. |
| (d) Does the ‘tenure’ column indicate that the property was held on a lease? | If the lease or an interest in the lease has less than 50 years to run then you must adjust the sale price ( IHTM33131). |
| (e) Was the interest in land sold joint property ( IHTM15000)? | You may need to adjust the loss ( IHTM33181) |
| (f) Did any property qualify for agricultural relief (IHTM24000) or business relief ( IHTM26000) at the date of death? | You will need to consider adjusting the sale price ( IHTM33170) |
| (g) Have any of the questions 1-9 on pages 3-4 been answered ‘Yes’? | If so you should follow the relevant instructions ( IHTM33034) for dealing with each of these topics. |
| (This text has been withheld because of exemptions in the Freedom of Information Act 2000) | (This text has been withheld because of exemptions in the
Freedom of Information Act 2000)
(This text has been withheld because of exemptions in the Freedom of Information Act 2000) |
| (i) Check that the arithmetic on page 2 is correct | If not adjust the relief as appropriate. |
