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House sale after inheritance tax paid

It looks like my father in laws house will sell for £7k more than I entered on the IHT 400 form. There has also been a small income tax repayment paid to the estate since his death. Do I need to declare both these on Form C4 to update the form and pay the additional inheritance tax? Thank you

Comments

  • RAS
    RAS Posts: 37,007 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    There may be a small CGT liability rather than IHT. Needs to be paid within 60 days.

    If you've have not made a mistake, you've made nothing
  • Spinandyoga
    Spinandyoga Posts: 14 Forumite
    First Post

    Thank you .The money is divided between 3 so under £3k each which wouldn’t attract CGT. I have found it unclear whether to report it for IHT.

  • Keep_pedalling
    Keep_pedalling Posts: 23,451 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    If you have already paid IHT, the yes you will need to submit an amended value as the additional £7k will be subject to IHT. If the estate was covered by the available allowances then you don't need to submit an amendment unless the £7k take the estate into IHT territory.

    The estate only gets one £3k for CGT allowance regardless of how many beneficiaries there are.

  • poseidon1
    poseidon1 Posts: 3,629 Forumite
    1,000 Posts Third Anniversary Name Dropper

    Unless the property was assented in favour of the three beneficiaries prior to sale, this would have been a straightforward executor's disposal with only a single estate CGT exemption of £3,000 available.

    See below information on assents if you are not sure this occurred -

    https://www.lawble.co.uk/assent-of-property/

    If you are claiming the sale of the property to be subject to CGT ( whether as executors or beneficiaries), you do not report the higher sale amount for IHT purposes. You simply pay the lower tax rate on capital gains - see below

    https://crestsurveyors.co.uk/what-happens-if-house-sold-for-more-than-probate/

    At only £7k above probate value I cannot see HMRC would have material grounds to insist you revisit the IHT return by way of a C4 update.

    As for the income tax repayment, how small was it?

    There is no de minimis amount with regard to C4 amendments, but if you do submit a C4 for that sum and you are certain there will be no further debts or assets emerging from the estate, I would also submit IHT 30 clearance certificate to accelerate HMRC's closure of the IHT file after settling any small liability on the income tax repaid.

  • Hi - thank you for your advice. The tax repayment was £689

  • poseidon1
    poseidon1 Posts: 3,629 Forumite
    1,000 Posts Third Anniversary Name Dropper

    Ok, likely HMRC will want the 40% tax thereon so submit C4 and IHT 30 as suggested.

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