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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9318
Experience:  I have been practising for 30 years.
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A person whose husband has died and he has inherited his

Resolved Question:

A person whose husband has died and he has inherited his house in England to her. This person has to pay tax on the the house, can she pay the tax after the sale of the house.
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
This person said that the tax on the house had to be paid first before the house is given to this person but has not the money to pay it. So why don't they let her sell it first then pay the tax on the house.
Expert:  F E Smith replied 9 months ago.

Are you in the UK or New Zealand?

We can only answer you based upon UK law.

Regardless, we are going to need some more information:

Who is saying this? Presumably the executors. Are they solicitors?

Presumably also she does not have the money to pay the tax.

Why do they not sell the property, deduct the tax and then simply sell the property?

In the UK, normally inheritance tax has to be paid by the end of the sixth month after the person died.

https://www.gov.uk/paying-inheritance-tax/overview

that can be problematical if there are no liquid assets but it is possible to come to an arrangement to pay in yearly instalments.

I think the problem may be that the executors will not be able to sell the house until such time as the tax has been paid which is why they may appear to being awkward whereas in actual fact, they are not really.

Can I clarify anything for you?

Please rate the service positive.

The thread remains open for further exchanges.

Best wishes.

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