Capital Gains and Interest after grant of Probate
billium
Posts: 10 Forumite
Getting close to done and have a couple of questions about taxes ( not IHT)
Probate was granted in May last year but stocks only got sold in March this year and there were Capital Gains and dividends since grant of probate but none between DOD (date of death) and grant of Probate.
Additionally, the Executor's account has earned about £100 in Interest over the last year.
Now it is time to finish up.
So, does the 'estate' have to account for and report the capital gains, interest etc since grant of Probate or is that for us the recipients to report based on the stocks gain from DOD?
Is any tax for the gain due in the tax year the proceeds are paid out of Executors account ( this year) or March ( last tax year) when the stocks were actually sold & paid into Executor's account?
I suppose this really boils down to " Once Probate is granted, are all gains in value - Interest dividends, CG's still taxable to estate until paid out or are recipients responsible?" And if recipients of estate are responsible do they wait until they actually receive the money from the estate to declare it?
Probate was granted in May last year but stocks only got sold in March this year and there were Capital Gains and dividends since grant of probate but none between DOD (date of death) and grant of Probate.
Additionally, the Executor's account has earned about £100 in Interest over the last year.
Now it is time to finish up.
So, does the 'estate' have to account for and report the capital gains, interest etc since grant of Probate or is that for us the recipients to report based on the stocks gain from DOD?
Is any tax for the gain due in the tax year the proceeds are paid out of Executors account ( this year) or March ( last tax year) when the stocks were actually sold & paid into Executor's account?
I suppose this really boils down to " Once Probate is granted, are all gains in value - Interest dividends, CG's still taxable to estate until paid out or are recipients responsible?" And if recipients of estate are responsible do they wait until they actually receive the money from the estate to declare it?
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Comments
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I believe tax is due on all realised gains and income received while the estate is being administered (i.e. from date of death to date of distribution), but the estate does get a capital gains allowance (equal in amount to the personal cgt allowance) but I don't think it gets any income tax allowance.
(The realised gains would be calculated on the change in value from date of death to date they were sold. The cgt rates are not the same as for individual people.)
See the following page about what the executor needs to report (scroll down to "Telling HMRC about the ‘administration period", and also note there are reporting requirements even if the estate does not require to complete a return).https://www.gov.uk/self-assessment-tax-returns/returns-for-someone-who-has-died
So (I believe) in terms of your final questions, it is the executor's responsibility to report and pay tax during the administration period.
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