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Inheritance Tax

Inheritance and Capital Gains Tax: How They Interact

Inheritance tax and capital gains tax are separate charges. You do not usually pay capital gains tax simply by inheriting, but it can arise when an inherited asset is later sold.

9 min read · Written by the Fairchild Oldfield team · Last reviewed: July 2026

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You do not usually owe any tax on an inheritance at the time you inherit it. Capital gains tax may instead come into play only when you sell an inherited asset that has risen in value since the death.
Source: gov.uk, as at July 2026, subject to change.

Inheritance tax and capital gains tax do different jobs. Inheritance tax is charged on the value of an estate when someone dies and is generally settled by the estate. Capital gains tax is charged on the profit when an asset that has grown in value is sold, and for an inherited asset that gain is usually measured from the value at the date of death, not the original purchase price (gov.uk, as at July 2026, subject to change).

People often assume a single "death tax" covers everything, but two taxes can touch the same asset at different moments. This guide explains why you do not usually pay capital gains tax on inheriting, how the date-of-death value works, what happens when you sell later, and the position for executors. It forms part of our wider Inheritance Tax Explained guide. Figures are current as at July 2026 and are subject to change.

Inheritance tax and capital gains tax: what is the difference?

They are separate taxes charged at different points. Inheritance tax looks at the total value of an estate on death and is generally paid by the estate, with a standard rate of 40% on value above the tax-free bands (gov.uk, as at July 2026, subject to change). Capital gains tax is charged on the profit when an asset is sold or given away, not on the act of inheriting itself (gov.uk, as at July 2026, subject to change).

FeatureInheritance taxCapital gains tax
What triggers itSomeone dies, or certain lifetime giftsSelling or giving away an asset that has gained value
Who usually paysThe estateThe person disposing of the asset
Headline rate40% above the bands18% or 24%, depending on income and asset
Tax-free amountNil-rate band £325,000 per personAnnual exempt amount £3,000 per person

Sources: gov.uk/inheritance-tax, gov.uk, capital gains tax rates and gov.uk, allowances, as at July 2026 and subject to change. The nil-rate band is frozen until the end of the 2030-31 tax year (5 April 2031) (gov.uk, as at July 2026, subject to change).

At the moment of inheriting

Do you pay capital gains tax when you inherit?

Not usually. You do not normally owe any tax on an inheritance at the time you inherit it, because inheriting is not itself a disposal for capital gains tax (gov.uk, as at July 2026, subject to change). Any inheritance tax on the estate is generally dealt with by the personal representatives before assets are passed on, so a beneficiary typically receives the asset without a capital gains charge attached.

Capital gains tax can come later. You may owe it when you sell something you inherited, and income tax may apply to profit an inherited asset earns, such as dividends on shares or rent from a property (gov.uk, as at July 2026, subject to change). So inheriting is often tax-neutral for the beneficiary, while later ownership decisions can bring tax into play.

See our Inheritance Tax Explained guide for how the estate itself is assessed.

Individual tax-free gain

£3,000

The capital gains annual exempt amount for an individual, meaning gains within this amount in a tax year are generally free of capital gains tax; the allowance for most trusts is £1,500 (gov.uk, as at July 2026, subject to change).

The date-of-death value and why it matters

When someone dies, their assets are generally treated as passing at their market value on the date of death, and that value becomes the starting point, or base cost, for any later capital gains calculation (gov.uk, HS282, as at July 2026, subject to change). This is why any gain built up during the deceased's lifetime is not usually taxed as a capital gain, and a beneficiary is generally taxed only on growth after the death.

Capital gains tax when you sell an inherited asset

Selling is the point at which capital gains tax can arise. If you later sell an inherited asset for more than its value at the date of death, the increase since then may be a taxable gain, after your annual exempt amount (gov.uk, as at July 2026, subject to change). For an inherited property that is not your main home, you must report and pay any capital gains tax within 60 days of selling (gov.uk, as at July 2026, subject to change).

Rates depend on your income and the asset. For 2026-27, individuals pay 18% on gains within the basic income tax band and 24% above it, while trustees and personal representatives pay 24% (gov.uk, capital gains tax rates, as at July 2026, subject to change). If an inherited home is your only or main residence while you own it, private residence relief may reduce or remove a gain, depending on circumstances (gov.uk, as at July 2026, subject to change).

A worked example (illustration only). Suppose you inherit shares valued at £40,000 at the date of death, and any inheritance tax on the estate has already been dealt with by the executors. Two years later you sell them for £47,000. The gain is the £7,000 rise since the date-of-death value, not the whole £47,000 (gov.uk, as at July 2026, subject to change). After deducting the £3,000 annual exempt amount, £4,000 could be chargeable, taxed at 18% or 24% depending on your income (gov.uk, as at July 2026, subject to change). Change the values, timing or your tax position and the answer changes, so this is general information rather than a calculation for any real disposal.

How executors and estates handle both taxes

Personal representatives can face both. They generally settle any inheritance tax from the estate before distributing assets, and if they sell estate assets that have risen in value since the death, the estate itself may pay capital gains tax, with personal representatives charged at 24% on chargeable gains (gov.uk, as at July 2026, subject to change). A limited annual exempt amount can be available to the estate in the tax year of death and the following years, depending on circumstances (gov.uk, HS282, as at July 2026, subject to change).

Timing and valuation choices can matter, and they interact. The figure agreed for probate is generally the value that fixes the capital gains base cost, so getting valuations right at the outset helps both taxes line up. Because the interaction of inheritance tax, capital gains tax and any reliefs can be involved, many people choose to discuss an estate with a qualified professional, such as a solicitor, a STEP practitioner or an accountant. Understanding how trusts are taxed can also matter where assets pass into a trust rather than outright.

Working out a later sale

How a gain on an inherited asset is measured

I

Fix the base value

Take the asset's market value at the date of death, usually the probate figure.

II

Take the sale price

Use the amount received on sale, less allowable costs of disposal.

III

Find the gain

Deduct the base value, then apply the annual exempt amount of £3,000 for an individual. Source: gov.uk, as at July 2026, subject to change.

IV

Apply the rate

Charge 18% or 24% by income and asset; report a property sale within 60 days. Source: gov.uk and gov.uk, as at July 2026, subject to change.

Inheritance and capital gains tax in Scotland and Northern Ireland

Both taxes are UK-wide, so the £325,000 nil-rate band, the 40% inheritance tax rate, and the capital gains rates and £3,000 annual exempt amount apply across Scotland, England, Wales and Northern Ireland alike (gov.uk and gov.uk, as at July 2026, subject to change). What differs is the surrounding succession law. Scotland has its own rules, including legal rights for a spouse and children, and uses confirmation rather than a grant of probate, which can affect how and when assets are dealt with. Where an estate touches more than one UK nation, it can be worth taking advice in each. For the wider picture, see our estate planning guide.

Frequently asked questions

Do you pay capital gains tax on an inheritance?

Not usually at the point of inheriting. You do not normally owe tax on an inheritance when you receive it, because inheriting is not a disposal for capital gains tax (gov.uk, as at July 2026, subject to change). Capital gains tax can arise later if you sell an inherited asset that has grown in value since the death, depending on your circumstances.

Is capital gains tax the same as inheritance tax?

No, they are separate. Inheritance tax is charged on an estate's value on death, generally at 40% above the tax-free bands and usually paid by the estate (gov.uk, as at July 2026, subject to change). Capital gains tax is charged on the profit when an asset is sold or given away (gov.uk, as at July 2026, subject to change). The same asset can potentially meet each tax at different times.

What value is used for capital gains tax on an inherited asset?

Generally the market value at the date of death, often the figure agreed for probate, becomes the base cost for later capital gains (gov.uk, HS282, as at July 2026, subject to change). A gain is then measured from that value, so growth during the deceased's lifetime is not usually taxed as your capital gain, depending on circumstances.

How much can I gain before paying capital gains tax?

For an individual, the annual exempt amount is £3,000, so gains within that in a tax year are generally free of capital gains tax; the allowance for most trusts is £1,500 (gov.uk, as at July 2026, subject to change). Above the allowance, individuals generally pay 18% or 24% depending on income and asset (gov.uk, as at July 2026, subject to change).

Do I pay capital gains tax if I sell an inherited house?

Possibly, if it has risen in value since the death and it is not your main home. Any gain above the date-of-death value may be taxable after your allowance, and a property sale must be reported and paid within 60 days (gov.uk, as at July 2026, subject to change). If the property was your only or main residence, private residence relief may reduce a gain, depending on circumstances (gov.uk, as at July 2026, subject to change).

Can an estate pay capital gains tax?

Yes. If personal representatives sell estate assets that have gained value since the death, the estate may pay capital gains tax, with representatives charged at 24% on chargeable gains, and a limited annual exempt amount may be available (gov.uk, HS282, as at July 2026, subject to change). Because inheritance tax and capital gains tax can interact, many executors find it worth taking advice.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

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