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Where Taxpayers and Advisers Meet

Capital gains payable?

LTester
Posts:3
Joined:Tue Jan 03, 2017 3:47 pm
Capital gains payable?

Postby LTester » Tue Jan 03, 2017 3:55 pm

My father died in 2001 and left the family home in a Will trust to me and my four siblings. My mother lived on in the house until she died in Aug 2016. Me and my brother were named as trustees. The house has now been sold for £305,000 and is due to complete this month. As I understand it, we won't have to pay inheritance tax. The whole estate including the house at the time of my father's death was about £250,000. But now, I'm concerned that we may be liable for capital gains tax when the sale goes through. I've done a little bit of reading and it seems that the trustees are liable for the capital gains as the money will come to us first before being distributed to our siblings. But then the amount due to each sibling will be more than their individual cap gains threshold too. Very confused. Can anyone advise on this?

Lee Young
Posts:2707
Joined:Wed Aug 06, 2008 3:26 pm
Contact:

Re: Capital gains payable?

Postby Lee Young » Wed Jan 04, 2017 10:32 am

CGT will be payable on the increase in the value of the property since the death of your mother. There is a tax free CGT uplift on death.
Lee Young
Solicitor, Chartered Tax Adviser and Trust and Estate Practitioner


Partner, Frettens LLP
lyoung@frettens.co.uk
01202 491701

bd6759
Posts:4270
Joined:Sat Feb 01, 2014 3:26 pm

Re: Capital gains payable?

Postby bd6759 » Wed Jan 04, 2017 11:44 am

The gain accruing whilst your mother lived in the house is exempt. The value of the house on her death will not not be significantly different from the sale proceeds, so there should not be any CGT to pay.


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