CGT on lease extension - Leasehold Reform

CGT on lease extension - Leasehold Reform

Postby LoTax4me on Fri Nov 25, 2011 12:55 pm

The house I live in is divided into two flats. I live in one and the other is subject to a long lease but I have owned the freehold for many years. The leaseholder recently exercised their right to obtain a new lease on the same terms for a longer term under section 39 of the Leasehold Reform, Housing and Urban Development Act 1993. As a result I received a substantial payment. The base cost of the freehold is small. Do I have a CGT liability on the balance? Or can I claim that concession D39 applies (http://www.hmrc.gov.uk/manuals/cgmanual/cg71242.htm)?
LoTax4me
 
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Re: CGT on lease extension - Leasehold Reform

Postby RMC on Sun Nov 27, 2011 4:17 pm

ESC D39 does not apply, you did not dispose of a lease.
The CG calculation will be under the part-disposal rules: from the proceeds you received, deduct the following fraction of your cost of the lease plus freehold:-
proceeds / proceeds + market value of the remainder (=your own lease plus ½ freehold)

If the proceeds were no more than £20,000 and no more than one-fifth of the market value of the total holding and you did not make any other CG disposals, you could claim relief under TCGA 1992 s.242. Text available on the web.
RMC
 
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Re: CGT on lease extension - Leasehold Reform

Postby LoTax4me on Tue Jan 31, 2012 11:09 am

Thank you belatedly for your helpful reply. I've paid the tax, but at least I'm not left with a nagging feeling that I might have missed a trick.
LoTax4me
 
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