HMRC internal manual

Capital Gains Manual

CG30560 - Death and Personal Representatives: Personal representatives and their liabilities: Personal representatives: incidental expenses

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TCGA92/S38 & SP7/81

Following the decision of the House of Lords in the case of CIR v Richards Executors 46TC626, an agreement was reached between the Board of Inland Revenue (now HMRC) and various professional bodies concerning the amounts that would be accepted as allowable incidental expenditure when personal representatives sell an asset from the estate. That agreement has subsequently been revised to take account of changes in the scale of charging caused primarily by inflation.

The agreement applying for Estates where the person died in after 5 April 1981 was published in SP7/81, where the person died after 5 April 1993 in SP8/94 and where the person died after 5 April 2004 in SP02/04.