TLDR: Selling inherited property below or above probate value

Probate value is not the final word. What executors actually sell for can change the tax bill in either direction.

  • If executors sell land or buildings within four years of death for less than probate value, they can claim inheritance tax back on form IHT38.
  • All land sales in the period count — a gain on one property reduces the relief on another — and buying other property can wipe it out.
  • Quoted shares and unit trusts sold at a loss within 12 months can qualify on form IHT35.
  • If property sells for more than probate value, the gain is taxed on the estate at 24%, with a £3,000 annual exempt amount for the year of death and two years after.
  • UK residential property gains must be reported within 60 days of completion.

The lesson for property investors: proper RICS valuations, good records and a plan for the timing of sales.

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