MP Estate Planning UK

HMRC Guidance for Trusts and Estates: Latest Updates

hmrc trust and estate guidance

We’ve written this short introduction to explain recent changes to HMRC online rules for executors and personal representatives.

In plain terms, the new process tells you how to register an estate for Income Tax and Capital Gains Tax while the administration period is open.

That matters because an estate can have its own tax position even after the deceased’s personal affairs are closed. Missing this can lead to surprises and penalties.

We will set clear expectations about when to register, what to do online via the Government Gateway, and common deadlines that catch families out.

We speak from experience: simple homeowner examples — selling a property in the administration period, or interest paid into an estate account — show why this is important.

Follow the steps and you should see fewer delays, fewer fines, and an easier route to distributing assets to beneficiaries.

Key Takeaways

  • Register estates for Income Tax and Capital Gains Tax when required.
  • Use the Government Gateway and HMRC online services for administration tasks.
  • Focus beyond probate and Inheritance Tax to avoid missed filings.
  • Typical scenarios like property sales can create taxable events for the estate.
  • Proper handling reduces penalties and speeds up distributions.

What’s changed in HMRC guidance for estates, trustees and personal representatives

We now see a clearer split between the tax position that applies while an estate is being administered and the Inheritance Tax work that deals with the deceased’s affairs.

The update emphasises that income arising between the date of death and distribution can create reporting duties. This includes bank interest, rental income and dividends. Personal representatives and trustees must watch these receipts closely.

Capital gains can also arise during administration. When a trustee or personal representative sells property or investments, that disposal can trigger capital gains tax (CGT) even though beneficiaries have not yet been paid.

A professional setting showcasing a personal representative discussing estate income. In the foreground, a well-dressed individual, wearing smart business attire, is seated at a modern conference table with a laptop open, reviewing financial documents. In the middle ground, a diverse group of individuals, also in business attire, engages in conversation while looking at charts and graphs displayed on a digital screen. The background features a well-lit office space with large windows allowing natural light to flood in, creating a warm and inviting atmosphere. The camera angle is slightly above eye level, providing a clear view of the interaction. Soft, diffused lighting enhances the professionalism of the scene, conveying a sense of collaboration and focus on financial matters.

In practice, this means you cannot assume probate or IHT filings settle all tax matters. The administration period is active for income and gains, and responsibility sits with those running the estate.

  • Key change: earlier reporting for income and CGT during administration.
  • Who is responsible: trustees, trustee and personal representatives manage reporting and payments.
  • We suggest checking thresholds early and considering a Trust and Estates Self Assessment to avoid missed returns.

For practical help on handling capital gains during administration, see our page on preparing for capital gains tax updates.

When you must register an estate with HMRC and start Trust and Estates Self Assessment

Start by seeing if the estate meets one of three straightforward thresholds for registration.

If any test applies, you must register and file a return.

Value at date of death

Over £2.5 million in total value at the date of death triggers registration. This valuation usually includes property, investments and bank balances.

Assets sold in the tax year

Personal representative disposals over £500,000 in a single tax year force a register-and-file action. Selling a family home plus investments can push you past this level.

Combined tax due in the administration period

If Income Tax and Capital Gains Tax due for the administration period exceeds £10,000, registration is required. This test looks at tax owed, not total asset value.

A well-organized office setting featuring a large wooden desk with documents related to estate registration and tax forms spread across it. In the foreground, a professional wearing business attire is focused on filling out forms, with a calculator and a laptop open beside them. In the middle ground, shelves lined with books about tax law and estate planning provide context. The background features a wall-mounted clock and a window allowing natural light to flood the room, creating a warm and inviting atmosphere. The lighting is soft and diffused, emphasizing a sense of professionalism and attentiveness. The overall mood is one of diligence and preparation, suggesting the seriousness of registering an estate.

TriggerThresholdWhat to check
Value at date of deathOver £2.5mInclude property, shares, accounts
Disposals by representativeOver £500k in tax yearSum all sales completed in the tax year
Tax due for periodOver £10kCalculate combined Income Tax and CGT
Deadline5 October after the tax yearRegister by this date to get a UTR and file a tax return

After registration HMRC issues a UTR. You must then file a Trust and Estates self assessment return for the administration period.

Quick decision path: if any threshold is met, register. If not, keep clear records and review year by year.

Don’t wait until the end. Delays in valuations or sale statements often cause late registration and penalties for unpaid tax liabilities.

How to use hmrc trust and estate guidance to register and manage an estate online

Start by securing a Government Gateway account so you can act calmly and on time.

Why start early: set up access before deadlines. This reduces mistakes and last-minute stress. Keep login details safe and share access only with authorised people.

A modern office scene depicting a professional individual, dressed in business attire, seated at a sleek desk surrounded by digital devices, illustrating the concept of managing an estate online. The foreground features a close-up of a laptop screen displaying the HMRC Trust and Estate guidance interface. In the middle, the individual is focused on the screen, with paperwork neatly organized throughout the workspace. The background shows a clean, well-lit office environment with soft natural light filtering through large windows, creating a productive and serene atmosphere. A subtle depth of field highlights the foreground while softly blurring the background elements. The overall mood conveys professionalism and efficiency in the context of navigating trust and estate guidance.

Setting up and using online services

Create or use an existing Government Gateway username. Once registered, the online service lets you add details, update personal representatives, and appoint an agent.

Appointing an agent

Appoint an agent when matters are complex. We recommend professional help for multiple properties or significant tax liabilities. See our advice on registering an agent for practical steps: registering as an agent.

Ending the administration period

When all assets are distributed, tell HMRC the administration period has ended. Complete form SA900 or use the online return option. For the official online manage path, follow the government’s service page: manage your trusts registration service.

“Keep clear records: sale proceeds, income statements, dates and who acted.”

  • Keep paperwork tidy for each tax year.
  • Update contact details and representative changes promptly.
  • File the final SA900 return to close the account.

Reporting and paying tax during the tax year: returns, UK property CGT and avoiding penalties

Selling property during administration calls for separate, prompt steps.

Selling UK residential property often triggers the 30-day reporting and payment rule for personal representatives. The 30 days start from completion date. Meet that deadline to avoid interest and penalties.

A modern office environment depicting a professional business meeting focused on property reporting. In the foreground, a diverse group of four well-dressed individuals are engaged in discussion around a sleek conference table, with laptops, property documents, and tax forms spread out. In the middle, a large digital screen displays a graph showing UK property capital gains tax trends amidst charts and financial data. The background features large windows with a view of an urban landscape, allowing natural light to illuminate the room, creating a bright and positive atmosphere. The image captures a mood of collaboration and diligence, emphasizing the importance of compliance and accurate reporting. The lens is slightly wide-angle to encompass the entire scene, adding a dynamic perspective.

For capital gains calculations, record the sale date, probate value, buyer completion figure and allowable selling costs. These items shape the gain and the rate applied, especially with rate changes around April 2025.

Reporting a property gain (the quick CGT report) is different from filing the wider self assessment return for the tax year. Both can be required. Missing either creates separate penalties.

  • Common causes of late filing: waiting for final accounts, missing broker statements, delayed completion statements.
  • Interest and penalties: charges start to build from the payment due date; interest applies to late tax.
ActionDeadlineConsequence of delay
Report UK residential disposal30 days from completionLate penalty + interest
Pay CGT on that disposal30 days from completionInterest and surcharge
File Trusts and Estates tax return5 October (paper) / 31 January (online)Late filing penalty
Keep recordsRetention ongoingEasier compliance, fewer enquiries

A quick avoidance checklist: completion statements, probate values, agent fees, bank interest slips and broker paperwork. Keep them together and act early.

For trustee duties and filing steps see our page on trustees’ tax responsibilities and read about property tax after inheritance at inheritance tax and inherited property.

Conclusion

Final practical note: As you wrap up administration, treat the estate as a separate taxpayer for any income or gains that arose after death.

Key message: estates can owe income tax or CGT during administration. Ignoring this is a quick route to penalties.

Remember the three registration triggers, and the 5 October deadline for filing by paper. Act early to avoid pressure.

Practical steps we recommend: set up online access, keep asset details up to date, appoint an agent if paperwork feels heavy.

If you don’t need to register but tax is due, HMRC allow an informal letter showing the IT/CGT due, the deceased’s name, address, NI number, UTR, plus the personal representative’s contact details. To close down reporting, tell HMRC the administration has ended or use form SA900.

If property, significant assets or ongoing income are present, treat the process like any other tax project — methodical, early, calm.

FAQ

What are the latest updates to HMRC guidance for trusts and estates?

The recent updates clarify how income tax and capital gains tax apply while an estate is being administered. They set clearer steps for registering estates, reporting disposals and for when a personal representative must file a Trusts and Estates Self Assessment return. The guidance also explains the paperwork you’ll get after registration, and how to close the administration period when affairs are finalised.

When does income tax and capital gains tax matter during the administration period?

Income arising to the estate and chargeable gains from asset disposals during administration are taxed on the estate or on beneficiaries, depending on distributions. Trustees or personal representatives must account for income tax and capital gains tax for the period up to the distribution of assets. This is separate from the deceased person’s final personal tax position.

How does this differ from Inheritance Tax and the deceased’s own tax affairs?

Inheritance Tax is dealt with as a one-off duty on the estate’s value, whereas income tax and capital gains tax relate to receipts and disposals during administration. The deceased’s personal tax returns cover income up to the date of death; the estate’s returns cover what happens after. Each tax has different timescales and filing requirements.

When must I register an estate and start a Trusts and Estates Self Assessment?

You must register if the estate’s value at death exceeds £2.5 million, if personal representatives sell over £500,000 of assets in the tax year, or if total income and chargeable gains for the administration exceed £10,000. Registration should be done promptly and no later than 5 October after the tax year when taxable income or gains arise.

What happens after I register the estate?

After registration you receive a Unique Taxpayer Reference (UTR) for the estate and instructions to file the appropriate Trusts and Estates tax return. This enables you to report income, gains and pay any tax due while you administer the estate. You’ll also get guidance on which forms apply, such as SA900 where relevant.

How do I register and manage an estate online?

You set up access with a Government Gateway account and use HMRC’s online service for estates. The account lets personal representatives update details, report income and gains, and file returns. You can also appoint an authorised agent to act on the estate’s behalf using the online agent services.

Can I appoint an agent to handle reporting and tax liabilities?

Yes. Appointing an accountant or tax agent simplifies reporting. Agents can register the estate, file returns and manage payments. Make sure you complete the online authorisation so the agent has the correct access to the estate’s tax records.

How do I update estate information or change personal representatives?

Use the estate’s online account to notify HMRC of changes to personal representatives or other details. Keep records of appointments and court documents. Prompt updates reduce errors and avoid delays when filing returns or paying tax.

When does the administration period end and how do I close the estate for tax?

The administration period ends when you have distributed the estate’s assets and completed tax liabilities. You then file the final estate tax return, which may include an SA900 where applicable, and confirm closure with HMRC. Keep records to show how liabilities were settled.

When does the 30-day reporting and payment rule apply for UK residential property disposals?

If a personal representative sells UK residential property, they must report and pay any capital gains within 30 days of completion using the UK property reporting service. This applies in addition to any chargeable gains reported on the estate return for the same tax year.

How do I get capital gains tax reporting right for property and other assets?

Identify the date of disposal, calculate gain using allowable costs and reliefs, and apply any available exemptions. Report residential property disposals within 30 days and include all other gains on the estate’s Self Assessment return by the usual deadlines. Keep clear records of valuations, dates and costs.

What are the key Self Assessment deadlines for trusts and estates?

File paper returns and pay tax by the standard Self Assessment timetables, unless online filing deadlines apply. Register early to receive the UTR and meet online filing deadlines. Late filing or payment can trigger penalties and interest, so allow time to gather information.

What commonly causes late filing and late payment penalties during administration?

Common causes include late registration, incomplete records of income or disposals, delays in appointing an agent, and misunderstanding which returns apply. Start early, gather paperwork and use online services to reduce the risk of penalties and interest.

Where can we get further help with reporting and paying tax for an estate?

Seek advice from an experienced probate solicitor or chartered tax adviser. They help with registration, calculating income and gains, filing returns and avoiding common pitfalls. Using a professional gives peace of mind and helps protect the family’s assets.

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