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Deed of Appropriation and deduction of expenses for CGT purposes

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  • Deed of Appropriation and deduction of expenses for CGT purposes

    I have a question regarding the treatment of expenses associated with the disposal of an inherited property.

    Mrs M passed away in 2022, leaving her estate to her 2 children. Her children are also Executors, with only Child A being named on the Grant of Probate.

    Mrs M's estate included a property which was valued for Probate at £411,000. Within 6 months the property sells for £450,000 - an uplift of £39,000 on the Probate valuaton.

    In order to make use of their individual CGT allowances, Mrs M's children arrange for a solicitor to create a Deed of Appropriation, allocating the property to them prior to sale. There are some significant expenses incurred during the property sale - most notably solicitors' fees and house clearance fees. My question is: (how) can these expenses be used to reduce the CGT liability for Mrs M's children?
    Tags: None

  • #2
    Expenses incurred solely for the property and its pisposal should be deductible, but take advice direct.

    Comment


    • #3
      Originally posted by dslippy View Post
      Expenses incurred solely for the property and its pisposal should be deductible, but take advice direct.
      How should the allowable expenses be declared - e.g. should they be deducted from the value of the property transferred to the beneficiaries, or should the expenses be declared by the beneficiaries?

      Comment


      • #4
        If the property is being sold by the executor, they his expenses.
        Again, the solicitor who createdvthe deed of appropriation knows its terms and their effect. Ask

        Comment


        • #5
          Tax is applicable to net gain. The sale costs incurred are deducted from the gross gain.

          Comment

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