This guidance note explains the capital gains tax position of the deceased, including how any capital losses in the year of death can be used. It also explains the capital gains tax free uplift on death.
An individual is taxable in the usual way on chargeable gains arising in the tax year of death, which is the period starting with the previous 6 April and ending on the date of death.
The normal computational rules apply to calculate those gains. The full annual exemption and all applicable reliefs are available. The rates of tax are applied in the usual way. These are:
10% for normal gains at the basic rate, 20% at the higher rate and 18% and 28% for residential property gains at each rate respectively to 5 April 2024
10% for normal gains at the basic rate, 20% at the higher rate and 18% and 24% for residential property gains at each rate respectively between 6 April 2024 and 29 October
Spouse exemption from inheritance taxArguably, the most important inheritance tax exemption is the spouse exemption from inheritance tax.There is no IHT to pay on gifts from husband to wife and vice versa, or from one civil partner to the other (referred to collectively in this note as ‘spouses’).
Class 4 national insurance contributionsWhat is Class 4 NIC?Class 2 and Class 4 national insurance contributions (NIC) are paid by self-employed individuals and partners in a partnership on their profits arising within the UK. This guidance note considers Class 4 contributions. For Class 2
Foreign exchange issuesOverview of foreign exchange provisionsForeign exchange (FX) movements are generally taxed following the rules applicable to the underlying income, expenditure, asset or liability on which they arise, broadly as follows:Capital assetsOn a realisation basis (ie on disposal)