Gift with Reservation - CTG

Gift with Reservation - CTG

Postby TIMONLINE on Mon Sep 19, 2011 8:46 pm

What is the situation where a property is given as a gift with reservation and then sold - is the recipient subject to CGT?
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Re: Gift with Reservation - CTG

Postby Lee Young on Tue Sep 20, 2011 7:11 am

If it is has gone up in value then yes.
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Re: Gift with Reservation - CTG

Postby ptpash on Tue Sep 20, 2011 2:40 pm

Does that mean the original donor has now made a PET on the release of the reservation for IHT?
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Re: Gift with Reservation - CTG

Postby Lee Young on Wed Sep 21, 2011 7:59 am

Yes.
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Re: Gift with Reservation - CTG

Postby TIMONLINE on Wed Nov 02, 2011 4:31 pm

What's the situation where a second GWR supercedes an initial GWR - is the profit based on the first or the second when the reservation ceases?
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Re: Gift with Reservation - CTG

Postby Lee Young on Wed Nov 02, 2011 5:27 pm

Not sure I follow your question - please could you elaborate?
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Re: Gift with Reservation - CTG

Postby TIMONLINE on Thu Nov 03, 2011 3:59 pm

Well if a GWR was set up in 2000 and superseded by another one with slightly different terms in 2004 and then the reservation ceases (ie the property is sold and proceeds distributed) in 2010 according to the terms of the 2004 GWR agreement, is the CGT profit based on the profit between 2004 and 2010 or between 2000 and 2010?
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Re: Gift with Reservation - CTG

Postby Peter D on Thu Nov 03, 2011 4:17 pm

But you can gift the property twice and donor can not change the conditions of the reservation well at least not under normal circumstance. Regards Peter
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Re: Gift with Reservation - CTG

Postby Lee Young on Mon Nov 07, 2011 11:04 am

If there was no CGT dispsoal in 2004 then the gain will be for the whole period, otherwise two disposals with two gains
Lee Young
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Lee Young
 
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Re: Gift with Reservation - CTG

Postby Peter D on Mon Nov 07, 2011 12:21 pm

Sorry Typo. You can not gift a property twice. Regards Peter
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