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๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you

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๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you
Tuesday, 12 August 2025 / Published in Articles, Uncategorized, Walshs Blog

๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you

Losing someone you care about is one of lifeโ€™s toughest moments. And while tax might be the last thing on your mind, there are some steps youโ€™ll eventually need to take.

The good news? You donโ€™t have to do it all at once – and you definitely donโ€™t have to do it alone.

Hereโ€™s a clear, step-by-step guide to help you through the process.


โ‘  Look after yourself first

Your wellbeing comes first. Take the time you need.
Lean on friends, family, or confidential counselling services if youโ€™re feeling overwhelmed.


โ‘ก Pause tax correspondence

Call the ATO and let them know your loved one has passed. This will pause tax-related letters and calls so youโ€™re not bombarded while youโ€™re grieving. You can also do this online, by post, or in person at Australia Post.


โ‘ข Decide who manages the estate

If thereโ€™s a will, the executor will usually take the lead. No will? The next of kin may step in as the legal personal representative (LPR).
This person becomes the only one authorised to deal with the ATO on estate matters. Finalising an estate can take 6โ€“12 months, and tax obligations must be met before assets are distributed.


โ‘ฃ Donโ€™t go it alone

If this all feels too much, reach out to a registered tax agent (like us!) or the ATO. Services Australia, state supreme courts, and public trustee sites can also be goldmines of info – especially if probate or legal advice is needed.


โ‘ค Probate & letters of administration

Some estates require court documents to formally appoint the LPR. Smaller estates might not.
The ATO will generally expect this appointment within 6 months to avoid direct tax assessments.


โ‘ฅ Notify the ATO youโ€™re managing the estate

Once youโ€™re the legal personal representative (LPR), let the ATO know so they can update records and authorise you to handle tax matters.ย 
You may also need to apply for a trust TFN for the estate if thereโ€™s ongoing income


โ‘ฆ Business tax obligations

If your loved one ran a business, you may need to:

  • Lodge a final Business Activity Statement (BAS)

  • Cancel the ABN and GST registration (if applicable)

  • Complete any outstanding tax returns

  • Seek advice on how to close or transfer the business, depending on the structure.


โ‘ง Lodge the final tax return

The โ€œdate of deathโ€ return covers the income year up to the day they passed away. Any outstanding prior-year returns must be lodged too.


โ‘จ Lodge tax returns for the estate

If the estate earns income – such as rent, interest, or dividends – you must lodge a trust tax return for each year until the estate is finalised.
For the first 3 years, the estate is taxed at individual rates, including the full tax-free threshold. After that, normal trust tax rates apply.
(Source: ATO โ€“ โ€œWhen and how to lodge returns for a deceased estateโ€)


โ‘ฉ Finalise all tax affairs

Before distributing assets, make sure every tax liability is paid.
The LPR is personally liable if assets are given out before debtsโ€”including taxโ€”are settled. Check all ATO accounts are closed, credits refunded, and liabilities cleared before making the final distribution.


๐Ÿ’ก Remember: You donโ€™t need to rush. Take your time, lean on professionals, and focus on what matters most – honouring your loved one and looking after yourself.

๐Ÿ“ž Need help? Walshs and our professional network can guide you every step of the way. Call us on Ph: 07 3221 5677

 

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๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you

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๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you
๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you
๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you
๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you
๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you
๐Ÿ’” Dealing with tax after losing a loved one: 10 steps to guide you
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