Is there inheritance tax in Australia, and what tax does a deceased estate actually pay?
Australia has no direct death or inheritance tax, and beneficiaries generally pay no tax on cash or property they receive. The estate itself, however, has obligations. The executor must lodge a final tax return for the deceased, and estate tax returns if there is income or capital gains during administration. A beneficiary may face capital gains tax when they later sell an inherited asset, and superannuation death benefits paid to a non-tax dependant can attract death benefits tax. Handling these correctly is part of what Willed’s fixed-fee probate service covers.
For related guidance, see how do you cancel or change a power of attorney in Australia?.
Read the video transcript
Australia doesn't have any direct death and inheritance taxes. Beneficiaries generally do not pay tax on the cash or property that they receive. However, the estate itself has tax obligations. The executor must lodge a final individual tax return for the deceased and if there are any income or capital gains tax liabilities arising throughout the administration of the estate, estate tax returns may need to be lodged. If assets are passed from a deceased to a beneficiary, that beneficiary may incur a capital gains tax liability when they later dispose of that asset. In relation to superannuation death benefits, if those funds pass to a non-tax dependent, death benefits tax may be payable and will vary depending on whether the death benefit is paid directly to the beneficiary or paid to the legal personal representative. If superannuation passes directly to a beneficiary, there may also be other consequences for other government payments, including family tax benefit and child care subsidy.
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