Deceased Estate and Capital Gain Tax

Treatment of Property after Owner dies

When a person dies, the assets that make up their estate can:

  • pass straight to a beneficiary (or beneficiaries), or
  • pass straight to their legal personal representative (for example, their executor) who may dispose of the assets or pass them to the recipient, or beneficiary.

A beneficiary is a person entitled to assets of a deceased estate. They can be named as a beneficiary in a will or they can be permitted to the assets as a result of the laws of intestacy (when a person dies without having made a will).

A legal personal representative can be either:

  • the executor of a deceased estate (that is, a person appointed to wind up the estate in accordance with the will)
  • an administrator selected to wind up the estate if the person does not leave a will.

Date of Acquisition

If you acquire an asset own by a deceased person as their official personal representative or beneficiary, you are taken to have acquired the asset on the day the person died. If that was before 20 September 1985, you disregard any capital gain or capital loss you make from the asset.

Disregarding Capital Gain or Loss on Death       

capital gains tax (CGT applies to any change of ownership of a CGT asset, unless the asset was acquired before 20 September 1985 (pre-CGT).

There is a special rule that allows any capital gain or capital loss made on a post-CGT asset to be disregarded if, when a person dies, an asset they owned passes either:

  • to their legal personal representative or to a beneficiary
  • from their legal personal representative to a beneficiary.

For more information on myTax 2019, online tax return 2019, myGov 2019, Tax Return 2019 , or any other tax related matter, please call our professional accountant on 1300 768 284 .

 

GET FREE Tax Refund estimate and Option of getting refund in 1 Hour, prior year Tax returns are also available, Just fill in your basic details on our website at www.taxrefundonspot.com.au or by emailing us on enquiry@taxrefundonspot.com.au we will check your employment history from ATO records, personal visit available at tax refund on spot.

Winding Up a Deceased Estate

In administering and winding up a deceased estate, a legal personal representative may need to dispose of some or all the assets of the estate. Assets disposed of in this way are subject to the normal rules and any capital gain the legal personal representative makes on the disposal is subject to CGT.

Similarly, it may be necessary for the legal personal representative to acquire an asset – for example, to satisfy a specific legacy made. Any capital gain or capital loss they make when they dispose of that asset to the beneficiary is subject to the normal CGT rules.

If a beneficiary sells an asset they have inherited, the normal CGT rules also apply.

Collectables and personal use assets

A post-CGT collectable or personal-use asset is still treated as such when you receive it as a beneficiary or the legal personal representative of the estate.

Main residence and other dwellings

Special rules apply if the asset was the person’s main residence.

Even if a dwelling was not the deceased person’s main residence, special rules may mean you qualify for a full or part exemption when you dispose of it.

Life and remainder interests

There may be CGT consequences on the creation, surrender, expiry or disposal of a life interest or remainder interest.

A life interest is an interest in the income of a trust for life or an estate for life in real property not held on trust.

A remainder interest is an interest in the capital of a trust or an estate in remainder in real property not held on trust.

For more information on Tax related or any other related matter, please call our professional accountant on 1300 768 284 

GET FREE Tax Refund estimate and Option of getting refund in 1 Hour, prior year Tax returns are also available, Just fill in your basic details on our website at www.taxrefundonspot.com.au or by emailing us on enquiry@taxrefundonspot.com.au we will check your employment history from ATO records, personal visit available at tax refund on spot.

For more information on myTax 2018, myGov 2018, Online Tax Return 2018 , or any other related matterplease contact us at 1300 768 284 or you can email us at enquiry@taxrefundonspot.com.au