Where a taxpayer dies before the date on which the payment of capital gains tax (CGT) charged on him is due, the personal representatives may not be able to settle the liability until probate has been granted or letters of administration obtained.

In these circumstances, the date from which interest may be charged on overdue tax (see Key Data ¶2-080) may be extended according to the date on which probate or letters of administration are granted by virtue of ESC A17 (now found in FA 2009, Sch. 53, effective from a date to be appointed). In essence, the ‘reckonable date’, from which interest begins to run, is the later of:

the date given under general rules; or

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