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Where Taxpayers and Advisers Meet

End Date of PRR classification

GeoffKell
Posts:1
Joined:Tue Jan 24, 2017 10:13 pm
End Date of PRR classification

Postby GeoffKell » Tue Jan 24, 2017 10:17 pm

Hope you can help me with this question please.

I am looking at calculating amount of capital gains on property sale following divorce. I have bought property from my ex wife but we agreed that any cg due would be paid between us even though it is her tax liability.

Property was purchased jointly in May 2001. My ex moved out of the property in June 2008 and lived in rented accommodation until August 2012 when she bought another property. I bought her out in Sept 2016. My question is which date signifies the end of her private resident relief for the property (Jun 2008 or Aug 2012). Clearly the possibility of an extra 50 months relief has quite an impact on the tax liability.

Any help most appreciated. Thanks

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: End Date of PRR classification

Postby maths » Wed Jan 25, 2017 12:52 am

As a matter of fact it is clear residence relief for the ex ceased when the ex moved out of the former matrimonial home ie June 2008 (albeit an extra 18 months is allowed in the computation).

However, it may be possible depending upon the facts and figures that relief for the ex may extend to the date of transfer of ex's interest to spouse (ie Sept 2016). For this to apply TCGA 1992 s 225B would need to be considered.


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