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Posted Mon, 15 Jan 2024 15:22:54 GMT by
Hi there, This is a bit of a complex situation, so any guidance is appreciated. I am a tax resident in the UK. My mother is a tax resident outside the UK. 1. My father held various jobs around the world with the same company. In 2019, my father passed away. At the time of death, he was tax resident outside the UK and died outside the UK. 2. In 2021, we discovered that my father was part of an employee share programme. 3. My mother and I received a death certificate and succession certificate (which clarified how non-tangible assets known at the time of death were to be split, which was 50%-50%). However, this did not clarify how the employee share programme shares were to be distributed. 4. My mother contacted the administrator of the employee share programme. Using the death certificate and succession certificate, she received access to the shares as administrator of the estate. 5. In 2021 and 2023, 50% of the shares were sold. These shares have been sold at a loss (subtracting the value of shares on the date of my father's death from the proceeds of the sale of the shares). There is still approximately 50% of the shares left; they would still be a capital loss if sold today. I would like to understand: 1. If all shares sold are capital losses, does this need to be reported if we don't anticipate needing to deduct capital losses from gains in the future? 2. If capital losses need to be reported, will it be: (assuming the succession certificate is expanded to cover these shares) for the 50%, or for all the shares? 3. If it is later determined that the shares sold are to be split 50/50, which date will HMRC treat as the sale date for any capital gains / losses for me (the UK resident). Will it be the shares sold in 2021, 2023, or the future shares? Or can this be done at my choice? Or will each sale be split 50/50? 4. If, however, it transpires that all 100% of the shares will be inherited by me, how does reporting of capital loss work for the shares already sold in 2021 and 2023? Thank you!
Posted Wed, 17 Jan 2024 15:02:36 GMT by HMRC Admin 20 Response
Hi Valley5735,
There is no requirement to report any losses to HMRC.  
You can do so (in writing or in a tax return) if you choose, so that they can be carried forward and set against a future gain (you have 4 years from the end of the tax year to do this, otherwise the losses are out of date).
The date of acquisition of the shares, will be the date your father passes away.
Thank you.

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