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HMRC internal manual

Capital Gains Manual

Death and Personal Representatives: Legatees and their treatment: Computing gains arising to legatees: Legatees: computing gains arising to: expenses of transfer

TCGA92/S64 (1)

Where a person

  • makes a disposal of a right or interest in or over an asset


  • that person acquired his or her interest as a legatee, see CG31100-31130,

then TCGA92/S64 (1) provides for a deduction to be made in computing the capital gain in respect of certain expenses arising on the transfer of the asset to him or her.


The expenditure for which a deduction may be claimed is

  • any expenditure relating to the transfer of the asset from the personal representative that the legatee has incurred and which falls within TCGA92/S38 (2) - in other words what is normally described as incidental expenditure


  • any expenditure of a similar nature incurred by the personal representatives in relation to the transfer of the asset to the legatee.