Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Readers’ forum: Estate administration

19 January 2021
Issue: 4776 / Categories: Forum & Feedback
IHT and CGT on probate property.

We are regularly asked to advise where a property is the main asset of the estate of a deceased surviving spouse. The executors often ask us how to balance inheritance tax (IHT) and capital gains tax (CGT) on a sale out of an estate in administration if indeed it is possible. We have never been completely clear about the rules. We understand about appointing a property to individual beneficiaries before sale to enable personal capital gains tax allowances to be brought into play.

However if for example we have a non-inheritance tax paying estate we are not completely clear about the possibility of putting a higher sale price back for probate purposes when a lower estimate has already been used. In other words adjusting it to fit.

Taxation readers’ views would be much appreciated.

Query 19 679 – Querist.


Has the death or...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon