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Where Taxpayers and Advisers Meet

Capital Gains Tax

Chrissie18
Posts:4
Joined:Wed Jun 27, 2018 10:08 pm
Capital Gains Tax

Postby Chrissie18 » Wed Jun 27, 2018 10:21 pm

My parents both died in March. I am sole Executor for both estates. Because they died within 30 days of each other a clause in their wills became active and with the exception of the property no other assets passed to the surviving spouse. All bank accounts and investments etc.were in sole names.

So, I am now dealing with two sizeable estates with many share based assets. I understand that I am entitled to a CGT allowance for the year of the death and the next 2 years if required. My questions are:

Is this estate CGT allowance in addition to the one I have for any of my personal assets that I may dispose of in the tax year?

Do I get two estate CGT allowances as I am executing two estates at the same time?

Grateful for any advice.

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Capital Gains Tax

Postby maths » Thu Jun 28, 2018 8:35 pm

Your role as executor is separate from you as a person. Executors have an annual exempt amount which is separate from your exempt amount.

The typical decisions to take are whether any assets in the deceased's estate if they are to be sold whether they should be sold by the executors OR by the relevant beneficiary. Any loss making assets should be carried out by the relevant beneficiary.

Individuals are subject to CGT at 10/20% or 18/28% depending upon nature of the asset; the corresponding rates for executors are 20% or 28%.

As you are aware the executors are not entitled to any annual exempt amount for the third and later tax years after the tax year of death.


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