Deceased Estate Tax Returns Explained: Who Must Lodge and When (Australia)

February 4, 2026    admin

When someone passes away, most families expect legal matters like probate and asset distribution. What many don’t expect is how complex tax obligations can become after death. In Australia, tax responsibilities don’t automatically stop. In fact, for executors, they often become more complicated.

One of the most common questions executors ask is simple but critical:
Who needs to lodge a deceased estate tax return, and when does it need to be done?

This article explains deceased estate tax returns in plain English, focusing on Australian rules, common mistakes, and what executors should realistically expect.

What Is a Deceased Estate for Tax Purposes?

From the ATO’s perspective, a deceased estate comes into existence immediately after death. It includes everything the person owned and any income generated before assets are fully transferred to beneficiaries.

This can include:

  • Cash and savings accounts
  • Shares and managed funds
  • Rental properties
  • Business interests
  • Ongoing investment income

Once the estate starts earning income after the date of death, it may need its own tax file number (TFN) and its own tax return.

Are Tax Returns Always Required After Someone Dies?

Not always but many estates do require them.

There are usually two possible tax returns involved:

1. Final Individual Tax Return

This return covers the period from 1 July until the date of death. It includes income the person earned while they were alive, such as:

  • Salary or wages
  • Bank interest
  • Dividends
  • Capital gains triggered before death

This return is treated much like a normal individual tax return, but it must be marked as “final”.

2. Deceased Estate Tax Return

If the estate earns income after the date of death, a separate deceased estate tax return may be required. This includes:

  • Rent received from property
  • Interest on estate bank accounts
  • Dividends from shares
  • Capital gains when assets are sold by the estate

Many executors assume that distributing assets quickly avoids tax. Unfortunately, that assumption often leads to compliance issues.

Who Is Responsible for Lodging the Tax Returns?

The legal responsibility sits with the legal personal representative (LPR). This is usually:

  • The executor named in the will, or
  • An administrator appointed by the court if there is no will

The executor is responsible for:

  • Registering the estate with the ATO
  • Applying for a TFN if required
  • Lodging all tax returns accurately and on time
  • Paying any tax owed from estate funds

This responsibility continues until the estate is fully finalised. Many executors choose to engage a Deceased Estate accountant perth to reduce personal risk and avoid mistakes.

When Do Deceased Estate Tax Returns Need to Be Lodged?

Timing depends on the estate’s activity.

Final Individual Tax Return

  • Lodged in the standard tax year
  • Usually due by 31 October, unless lodged through a tax agent

Deceased Estate Tax Return

  • Required if the estate earns taxable income
  • Lodged annually for each year the estate remains open

Some estates close within months. Others especially those involving property sales or disputes—remain open for years and require multiple annual returns.

Does a Deceased Estate Pay Tax in Australia?

Yes, but the rules are slightly different.

For the first three years, deceased estates generally receive concessional tax treatment, including access to the tax-free threshold. After this period, higher tax rates can apply, which is why prolonged estate administration often creates unexpected tax costs.

This is one reason professional advice can be valuable early in the process.

What About Beneficiaries Do They Pay Tax?

In Australia, beneficiaries do not pay tax on the inheritance itself. However, tax may apply when:

  • The estate distributes income
  • Beneficiaries receive taxable capital gains
  • Assets are sold after being transferred

Clear reporting helps prevent confusion, especially when multiple beneficiaries are involved.

Capital Gains Tax: Where Most Executors Get Stuck

Capital gains tax (CGT) is often the most misunderstood part of deceased estate taxation.

Key points include:

  • CGT is not automatically triggered when assets pass to beneficiaries
  • CGT may apply when the estate sells assets
  • Special exemptions can apply to main residences

Without careful planning, executors can accidentally create unnecessary CGT liabilities. With the right advice, it’s often possible to legally save on capital gains tax while remaining fully compliant.

Deceased Estates Involving Overseas Assets or Expats

Things become more complex when the deceased or beneficiaries live overseas.

Common issues include:

  • Foreign income reporting
  • Residency status at time of death
  • Double taxation risks
  • Overseas executors or beneficiaries

In these cases, working with an expat tax accountant perth is often essential. Executors may also need to refer to a reliable Expat Tax Return Guide to understand cross-border obligations and avoid penalties.

Business Income, BAS, and GST After Death

If the deceased operated a business, additional responsibilities may apply after death.

These can include:

  • Ongoing BAS lodgements
  • GST reporting
  • PAYG withholding obligations

Many executors are unfamiliar with what is bas and how it continues after death. This is where support from a bas accountant perth can prevent missed lodgements and ATO issues, particularly if the business continues trading temporarily.

Common Mistakes Executors Make

Even well-intentioned executors often run into trouble by:

  • Assuming no return is required
  • Distributing assets too early
  • Ignoring post-death income
  • Mishandling ATO correspondence
  • Overlooking deductions or concessions

Once mistakes are made, fixing them can be costly and stressful.

Dealing With the ATO as an Executor

The ATO expects executors to understand their obligations, even during difficult circumstances. Notices, deadlines, and requests for information still apply.

Knowing how to manage ato communications properly can prevent escalation, audits, and penalties. Many executors prefer professional representation to avoid personal stress and liability.

When Should You Hire a Tax Professional?

You should strongly consider professional help if:

  • The estate earns income
  • Property or investments are sold
  • The deceased owned a business
  • Beneficiaries live overseas
  • The estate stays open longer than 12 months

Many executors ultimately decide to hire a tax accountant rather than risk errors. A qualified tax accountant perth can handle compliance while keeping the estate moving forward.

Tax Planning Opportunities Within Estates

Deceased estates aren’t just about compliance there are also planning opportunities.

These may include:

  • Timing asset sales
  • Using available deductions
  • Managing income distributions
  • Identifying eligible Top Tax Deduction claims

In more complex cases, working with a business advisor perth ensures tax decisions align with estate and financial goals.

Final Thoughts

Deceased estate tax returns are often underestimated, yet they carry serious legal and financial consequences. Executors who understand who must lodge and when are far better equipped to manage the process smoothly.

Australian tax law gives estates certain concessions but only if rules are followed correctly. Getting advice early can reduce stress, prevent penalties, and protect both the executor and beneficiaries.

If you’re unsure about your responsibilities, professional guidance can make a difficult time significantly easier.

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