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Where Taxpayers and Advisers Meet

Private Residence/Divorce

masjon52
Posts:1
Joined:Tue Aug 05, 2014 1:48 pm
Private Residence/Divorce

Postby masjon52 » Tue Jul 10, 2018 11:45 am

Dear Sirs.
Married couple purchased property in November 1998 for £92000. They separated in November 2000 and later divorced. The husband's intentions were that the spouse could have the house and he would have all rights to his eventual pensions. Nothing had been done to transfer the title to her until recently when it was agreed to go ahead. As 18 years have elapsed he would now be liable to CGT on his half share, allowing for reliefs etc, as the house is now worth £275.000. As the intention was from the date of separation to transfer his share to her is there anyway we could avoid CGT as if the transfer happened then. Would there be proof of his intentions required i.e in the form of a note or similar to this affect. If there is any way around this could you please advise and if there is could you please forward the relevant link.

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

Re: Private Residence/Divorce

Postby maths » Thu Jul 12, 2018 6:39 pm

TCGA 1992 s225B may offer CGT relief from date of leaving the home to date of disposal if the conditions therein are satisfied.


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