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HMRC internal manual

Capital Gains Manual

Death and Personal Representatives: Personal representatives and their liabilities: Personal representatives: remittance basis not in administration period

TCGA92/S12 & TCGA92/S65 (2)

If the deceased was resident and/or ordinarily resident* but not domiciled in the UK before his or her death, then on disposing of assets outside the UK he or she would have benefited from the application of the remittance basis in TCGA92/S12, see CG25300 - CG25431. Although the personal representatives have the same residence and domicile status as the deceased had, if they realise chargeable gains from disposals of assets situated outside the United Kingdom but do not remit those gains to the United Kingdom immediately they cannot benefit from this treatment. This is because the remittance basis applies only to individuals but Section 65(2) says that the body of personal representatives is not to be treated as an individual.

*The ‘not ordinarily resident’ condition only applies for the years up to and including 2012/13. For 2013/14 and later years ordinary residence does not need to be considered