IHTM36162 - Dealing with taxpayer's replies: do not make assumptions
This is particularly important when the taxpayer or agent has
only provided limited information or general comments in answer to
your enquiries, believing that is sufficient for our purposes. You
should check that you have established all the relevant facts and
that there are no gaps in your knowledge, which you have
‘filled’ in yourself. Your assumptions may or may not
be right and you need to be sure of your facts if you believe it
warrants seeking a penalty.
Example
When asked how the personal representatives arrived at a
value for the deceased’s house, not having employed a
professional valuer, the response from the agent might be that the
personal representatives just simply used their own knowledge of
prices other properties were fetching and had spoken to a friend.
On the basis of that evidence alone you might conclude that
those were not the actions of a careful and prudent person making
the fullest enquiries reasonably practicable to establish the open
market value of the property and, as the next step, you might
prematurely seek a penalty.
However, further enquiry of the agent to establish just what
they meant by the personal representatives own knowledge and who
was the friend might have revealed that the personal
representatives owned their own residential property letting
company in the same area. As such they would be regularly involved
in the local housing market and would have a good knowledge of
property prices. The friend was a local estate agent and surveyor.
Given these circumstances the personal representatives had clearly
acted carefully and reasonably.
