Deceased’s capital gains tax position

Produced by a Tolley Trusts and Inheritance Tax expert
Trusts and Inheritance Tax
Guidance

Deceased’s capital gains tax position

Produced by a Tolley Trusts and Inheritance Tax expert
Trusts and Inheritance Tax
Guidance
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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.

Capital gains and losses in the year of 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:

  1. 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

  2. 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

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