Postby AGoodman » Wed Jul 26, 2017 2:49 pm
I have to disagree on this one.
If the father is UK tax resident, he would pay CGT on the gain when he makes the gift to the daughter, taking the then market value as the disposal value. The market value would take into account the planning status at that time so if it had been granted, or was imminent, the gain would mostly accrue to him. Holdover relief would not be available as the daughter is non-resident. I suspect that rollover relief would not be available because the father does not receive any payment so cannot reinvest it in qualifying assets.
If the father is non-UK resident, there is no CGT or NRCGT to pay.
The daughter would not pay UK CGT on the subsequent sale as CGT is only payable by UK residents. Non-Resident CGT (a separate tax) is payable on residential property but land with planning permission is not residential property.
If the daughter returns to the UK within 5 tax years of departure (see the full rules under temporary non-residents), she could be subject to CGT on the increase in market value between the gift and sale.
I don't know the Portuguese position but it could involve tax on the gain and/or on receipt of the gift.