IHTM33012 - Loss on sale of land: claiming the relief

Before relief may be given, a claim must be made by the ‘appropriate person’ ( IHTM33050), IHTA84/S191 (1) (b). There is no time limit for making a claim other than the general six year period in IHTA84/S241 (1). The claim should be in writing signed by the appropriate person and should specify

• the capacity in which the person is making the claim
• the ‘interest in land’ ( IHTM33061) sold
• the date of sale ( IHTM33071)
• the parties to the sale, and
• the price obtained.

Form IHT 38 has been produced for this purpose.

The appropriate person does not have to wait until all property that is to be sold is sold before making a claim. A claim can be made at any time. But subsequent sales for a higher price may mean that a claim for relief becomes disadvantageous ( IHTM33013).