IHTM39065 - Correspondence on closed files: loss on sales of shares and land relief

The claim forms for the loss on the sale of shares (IHTA84/S35) and land (IHTA844/S38) that cannot be dealt with by ‘one touch,’ will have been redirected by the Divider when the post is sifted at the Dividing Table. The rest of these claims will be dealt with by the Team provided that they meet the following criteria

• None of the answers to the set questions on the forms IHT35 or IHT38 will require further investigation or referral to any other section within the Office.
• No reference to FACET will be required ( IHTM34051) (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
• No referral to the District Valuer will be required ( IHTM33035) (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
• Sales relating to leasehold properties will not have less than 50 years of the lease left to run ( IHTM33131).
• That neither of the forms IHT35 or IHT38 include any information that may require an exchange of correspondence or the detailed investigation of the claim before it can be satisfied.

If any minor points arise during the examination of the form(s) these should always be dealt with over the telephone or in a letter issued with any calculation of tax. Such procedures will not break the ‘one touch’ rule.

If all of the above criteria are meet and the claim is to be dealt with by the Closed Post Team, it must be dealt with in accordance with the current instructions for Loss on the Sale of Land ( IHTM33001), and for Loss on the Sale of Shares ( IHTM34001).

If it is found that a claim form is not a ‘one touch’ claim, then please consider the depth of investigation required on the claim, and the current state of post within the Team before deciding whether or not to carry on with case or have it re-divided. The most practical approach should always be adopted.