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Where Taxpayers and Advisers Meet

House valuation for probate and possible CGT liability

simondh1170
Posts:2
Joined:Sun Apr 18, 2021 5:36 pm
House valuation for probate and possible CGT liability

Postby simondh1170 » Sun Apr 18, 2021 5:50 pm

Hi I wonder if someone could help or give a view. I am the executor of my step fathers estate and have recently received the grant of probate based on a gross estate value of £208k less debts iro £15k. The property now seems like it will sell for £220k and not as the valuation stated £200k. Is there therefore likely to be capital gains tax liable on the amount in excess of the allowance of £12300? If so, can I (or do I need to) adjust the valuation upwards to the sale price to avoid that liability?

After debts are settled, the proceeds are to be split between 5 beneficiaries.

Thanks in advance.

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

Re: House valuation for probate and possible CGT liability

Postby maths » Mon Apr 19, 2021 1:54 pm

As the estate amount falls in the Nil Rate Band £325,000 no IHT arises on the estate (assuming no PETs or CLTs in the prior 7 years.

An adjustment in the probate value upwards is unlikely to be acceptable to HMRC as this will mean there is still no IHT due on the estate but HMRC then collect less CGT.

simondh1170
Posts:2
Joined:Sun Apr 18, 2021 5:36 pm

Re: House valuation for probate and possible CGT liability

Postby simondh1170 » Wed Apr 21, 2021 1:02 pm

Thanks for the reply. I think the valuation was wrong, rather than an increase in value. The date of death was 30th January 2021, so for it to have risen £20k in 2 and half months is unlikely. If HMRC don't accept the revised value, I assume CGT will be payable on £7700 (£20k less £12700 allowance)?

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

Re: House valuation for probate and possible CGT liability

Postby maths » Wed Apr 21, 2021 2:10 pm

Yes. CGT on gain less annual exempt amount ie 20,000 less 12,300.


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