IHT V CGT

[Eldercare]

We have reported a IHT estate on IHT 400 with an estimate for the house value and box ticked to say that we are selling and want the sale price to be used for calculation of the final IHT figure.
House has now been sold for £24,000 more than the estimate and a C4 corrective account sent in.

HMRC have verbally told us that we have to pay CGT on the uplift and have reissued the calculation for IHT with the estimated house value. We have now paid that figure.

We are now outside the 30 day deadline to report and pay the CGT which in any case we think is mistaken.

Can anyone confirm that it is CGT that is due?
What is the best way to seek clarification bearing in mind that they have ignored the C4

[AGoodman]

I'm afraid I don't know the answer but it would help others if you can tell us how long passed between the death and the sale (in principal or exchange of contracts).

[maths]

I don't really understand the section on IHT405 asking about whether you want "sales price" to be substituted for value at death.

Assuming IHT is payable on death estate and the Executors effect the sale for more than the value at date of death then I believe a s191 IHTA 1984 claim could be lodged substituting sales price for probate value. Then no CGT arises.

[pawncob]

Unless a clearance certificate has been issued they should amend the estimated figure to the actual sale value.
https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm23185 etc.

[Eldercare]

There was only eight months from DOD to Sale.

The tax manual reference is most useful.

Many Thanks