Hi all, I'm the executor of my Dad's estate. He died in late Oct 2024. He purchased an investment property in early 2024 that will be transferred to the executor to sell on behalf of the estate and later the funds will be distributed to the beneficiaries. Is there CGT payable on the sale of the property by the legal representative (executor)? Many thanks
Maybe, maybe not. If the property was not your Dad's main residence on date of death then the property will be subject to CGT. Whether any tax is payable depends if there is a gain and how much the gain is. Calculation will need to be made.
Be aware the estate has the benefit of the tax-free threshold. If income from the estate including any capital gains is less than $18,200 then no tax is payable.
Tax rates – deceased estate | Australian Taxation Office
Tax is payable from the estate's funds.
Although you are the executor, you are not paying out of your own pocket for the estate's tax. You are merely the legal person who acts on behalf of the estate in disbursing assets and liability of the estate.
15 Apr 2026 · 4 min read time
15 Apr 2026 · 8 min read time
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