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
Income tax losses 鈥� overviewIncome tax losses can arise due to a number of reasons, but not all losses can be relieved against total income and some losses can only be set against certain types of component income. The table below is a summary of the main reliefs for income tax losses.Summary of
Relief for employee share schemesRemuneration expenses are generally deductible for corporation tax purposes as they are considered to be incurred wholly and exclusively for the purposes of the trade. However, expenses relating to shares are usually classed as capital and are therefore not
Special rate pool and long life assetsSpecial rate poolExpenditure on some types of plant or machinery must, if neither annual investment allowance (AIA) nor first year allowances (FYAs) are available, be allocated to a 鈥榮pecial rate pool鈥�. Expenditure to be allocated to the special rate pool