beta This part of GOV.UK is being rebuilt – find out what beta means

HMRC internal manual

Trusts, Settlements and Estates Manual

Deceased persons: administration periods: agreeing the tax liability

General

Finalising the tax liability for most estates will be fairly straightforward. At the end, or towards the end, of the administration period a computation of the liability should be provided to HMRC by the agent or personal representative for agreement.

Only one payment should be made to cover the liability of the whole of the administration period, even if the administration period spans more than one tax year.

However see TSEM7376, for cases that should not be dealt with informally.

Top of page

Income tax

Income is charged to tax at the rate appropriate to the nature of the income received, for example

  • dividends are chargeable at 7.5%
  • investment income (bank, building society interest etc) is chargeable at 20%
  • other income such as rents or business profits are chargeable at the basic rate.

The starting and higher rates do not apply to personal representatives in the same way as they do for individuals. Personal representatives do not get personal allowances.

 

Top of page

Capital gains tax

CGT liability can be accounted for informally where the proceeds of sale of any assets from the estate are less than £500,000 in any one tax year and the total tax due, income tax and capital gains tax, is less than £10,000.

One of the main aspects to consider is the date of death value of the asset(s) sold. If the estate paid Inheritance Tax (IHT), HMRC WMBC Assets may have agreed the date of death value and this can be accepted for CGT purposes.

If the estate has not paid IHT, or the particular asset was not chargeable to IHT, it will be necessary to consider the accuracy of the date of death value returned in the computation.

Further instructions on the date of death valuation can be found in the Capital Gains Manual at CG32210 onwards.