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Deed of Appropriation - Capital Gains Tax

Can I please ask if anyone has any experience in using a Deed of Appropriation?

It looks like we may have to pay £10K Capital Gains Tax after selling costs and applying the single executor's allowance of £12,300. The estate has 5 beneficiaries with equal share, so not a large amount when split between 5 people.

However, I understand that they could all use their individual allowance for any Capital Gains Tax due, so there would be no tax to pay. Is this worth doing considering the sums involved? Appreciate any inputs. Many thanks.


Comments

  • Keep_pedalling
    Keep_pedalling Posts: 22,699 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It would seem worth doing, but if this is a result of underestimate the value when you submitted the IHT forms  rather than in increase because a it has taken a long time to get the house on the market, is it not possible to correct the IHT return instead (I am assuming this does not cause an IHT issue)
  • SeniorSam
    SeniorSam Posts: 1,674 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Good Point
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • Hal17
    Hal17 Posts: 420 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    Thank you both for your prompt replies. I believe I submitted the correct value when completing IHT and Probate forms. Even if I included these new property offers we would still not owe any IHT on the estate. It is only the probate valuation for CGT. After some consideration I have decided to arrange a Deed of Appropriation, seems the best option. Thank you again.
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