The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
When preparing a Will, the practitioner will be primarily focusing, at least so far as tax is concerned, on exploiting the testator's nil rate band and any available exemptions or reliefs for inheritance tax (IHT) although there may be capital gains tax (CGT) effects for the testator.
CGT is chargeable to individuals, PRs and trustees resident in the UK, on any gain (disposal value less acquisition cost) made on the disposal of a chargeable asset, after deduction of any allowable losses. The resulting net sum is the taxable amount but the applicable annual exemption is then deducted to arrive at the chargeable amount. For further information, see Practice Notes: Introductory guide to CGT, CGT—how is a capital gain calculated? and CGT—reliefs.
In the CGT legislation a number of terms are used and it is essential that at the least, the practitioner has an understanding of their meaning generally and specifically in relation to the testator.
For CGT purposes, not all assets are chargeable to CGT. Section 21 of the Taxation of Capital Gains Act (TCGA 1992) sets out what can be included in the term 'asset'.
Assets chargeable to CGT include the following:
freehold and leasehold property
legal rights (including options)
Assets exempt from CGT include the following:
cash (GBP) sterling
government stock and qualifying corporate bonds
national savings certificates and premium bonds
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
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