Archive · 15 Sep 2025
Filing Income Tax Returns for Deceased Parents and Capital Gains
When a parent passes away, their income tax return needs to be filed by their legal heirs.
For income earned before death, use the parent's PAN and register as a representative.
For income after death, the estate needs its own PAN and return.
If the deceased only had pension income, ITR-1 (Sahaj) is used if the total income is under ₹50 lakh.
Family members who receive a family pension must report it as income and can deduct a portion.
If you sell investments and make a long-term capital gain (LTCG), you might not pay tax if it's under a certain amount, but you still have to file if your other income is high enough.
Legal heirs file ITR for deceased parents using the parent's PAN.
ITR-1 (Sahaj) is filed if the deceased parent's income is solely from pension.
Family pension is taxable income with a deduction allowed.
For income earned after death, the estate needs a separate PAN.
LTCG exemption applies, but filing is still required if total income exceeds threshold.
- Who
- Legal heirs of deceased parents and individuals with capital gains.
- What
- How to file ITR for deceased parents and rules regarding capital gains.
- When
- Tax year 2024-25
- Where
- India (Income Tax Filing)
- Why
- To comply with income tax regulations, properly report income, and claim exemptions.
- ITR Form (Deceased)
- ITR-1 (Sahaj) if income only from pension, does not exceed ₹50 lakh
- Pension Income Taxability
- Regular pension up to death is salary income; Commuted pension may be exempt.
- Family Pension
- Taxable as income from other sources, deduction up to ₹15,000 (or ₹25,000 under new tax regime) is allowed.
- Filing for Deceased's Income
- Legal heirs file using deceased's PAN; must register as Representative Assessee.
- Filing for Estate Income
- Executor/administrator files separately with a PAN for the estate.
- LTCG Exemption
- Up to ₹1.25 lakh, applicable for capital gains; doesn't impact filing threshold determination.
- Filing Requirement
- If other income exceeds ₹2.7 lakh, filing is required despite LTCG exemption, as total income exceeds ₹3 lakh