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Question123 (HOME)     07 July 2010

Capital gains tax on inheritance from property sale

An elderly person sold his house at considerable profit. He immediately placed all this amount in bank fixed deposits in his own name, he was still deciding his strategy to fulfil Capital gains tax liability. Two weeks later he wrote a WILL passing on the amount to his grand children equally. Four weeks later he passed away.

As per my understanding there is a window of several months that is available to fulfil CGT requirements. Hence, the elderly man had neither defaulted nor fulfilled on cgt payment prior to his sudden demise. Now, the beneficiaries are faced with tackling CGT issues related to the property sale amount which forms part of their inheritance.

1.Does the Capital gains Tax necessarily have to be paid before distribution of inheritance according to the WILL?

2. Is it possible that the distribution can be made first, and each beneficiary could choose their own strategy to meet capital gains tax requirements (CGT incurred from property sale effected by testator).

3. In this situation, can beneficiaries choose to make investments in property or government approved securities as a means to avoid CGT?

Thanks for your assistance.



 2 Replies

A V Vishal (Advocate)     07 July 2010

1.Does the Capital gains Tax necessarily have to be paid before distribution of inheritance according to the WILL?

Reply: Yes.

2. Is it possible that the distribution can be made first, and each beneficiary could choose their own strategy to meet capital gains tax requirements (CGT incurred from property sale effected by testator).

Reply: No.

3. In this situation, can beneficiaries choose to make investments in property or government approved securities as a means to avoid CGT?

Reply: Once the tax liability is paid off there is no question how the beneficiaries wants to enjoy the money.

Vineet (Director)     08 July 2010

Each successor is jointly and severally liable towards tax liability of deceased to the extent of value of estate inherited by him. Since the original assessee in whose name CG TAx arose has died, no investment can be made in his name to save tax. Hence the tax liability has been materialised and individual successors cannot adjust or seek exemption from this tax as they inherit asset and liabilities of the deceased and there is no provision to club or adjust income of deceased with the income of legal heir/ representative assessee or administrator. Further is is not mandatory that taxes to be compulsorliy be paid before execution of will if such condition has not been stipulated in the will but it is advisable that the tax liability is paid off and return in the name of estate of deceased be filed to avoid any dispute or complication in the hands of successors.

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