What debts are deductible — the core rules
A debt is deductible from the estate if: it was incurred for full consideration (the deceased received something in return); it was enforceable against the estate at the date of death; and it was not created for the purpose of reducing IHT artificially.
Unsecured loans and credit cards
Credit card balances, personal loans, overdrafts, and other unsecured debts outstanding at the date of death are fully deductible.
Request a statement of account as at the date of death from each creditor.
Include the principal balance and any interest that had accrued but not yet been charged to the account.
Utility bills and regular outgoings
Household bills that were outstanding at the date of death (gas, electricity, water, council tax, telephone) are deductible.
For bills billed in arrears (most utilities), there will be a period of use up to the date of death for which no bill had yet been issued — the deceased owed this as an accrued liability even if no invoice had been received.
Outstanding income tax and other HMRC liabilities
Any income tax, National Insurance, capital gains tax, or VAT that was outstanding at the date of death is a debt of the estate.
This typically arises from the deceased's most recent Self Assessment return, an open enquiry, or a PAYE underpayment.
HMRC bereavement team can confirm the amount outstanding.
If the deceased was self-employed, there may also be Class 2 or Class 4 NIC outstanding.
Care home fees
If the deceased was in a care home and fees for the last period had not yet been paid, those outstanding fees are a deductible debt.
The care home will provide a final invoice or statement of outstanding amount.
What is NOT deductible
Contingent liabilities (debts that might arise in future, for example a potential claim against the deceased that has not yet been made formal); debts to family members not incurred for full consideration; debts that are statute-barred (past the limitation period); and certain anti-avoidance restricted debts under the post-2013 rules (see Section 3).