Capital gains tax

Charities are not liable to capital gains tax.  If assets are sold by executors during the course of the administration, a capital gains tax liability may arise against the executors if the gain exceeds their personal allowance (currently the same as that for an individual for the year of death and two years afterwards).

 This charge can be avoided by appropriating assets to the charities.  The executors sell as bare trustees.  Normally, the beneficiaries must consent and give their instructions for the disposal of the asset.  Bear in mind that, if the asset being appropriated is land, appropriation may involve section 36 of the Charities Act 1993.