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Where Taxpayers and Advisers Meet

CGT libility

cliff99
Posts:12
Joined:Mon Apr 10, 2017 3:20 pm
CGT libility

Postby cliff99 » Sat Jul 14, 2018 12:24 am

A recent announcement by HMRC indicated that,”Where no money or other type of payment changes hands one can give away a property and there is no requirement to pay SDLT or file a return”

Our daughter recently married and we gifted her a property that had been our “buy to let” for several years. During the letting years it had significantly increased in value.

As it is now the newlyweds only and main home we are concerned that if ever they need to sell to to move home they would be burdened by the CGT liability generated by us during the years we rented it out.

Am I correct in assuming that they will be deemed to have received the gift property at the value we originally paid for the property, and not at its market price at the date of the gift.
If this is correct is there any way we can remove or mitigate their burden

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: CGT libility

Postby bd6759 » Sat Jul 14, 2018 12:28 am

You pay CGT based on the value of the property at the time you gifted it. You need to pay tax even although you did not receive any consideration: the disposal is deemed to take place at market value.

Your daughter acquires the property at that value. If it remains her home, any gain will be exempt.

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

Re: CGT libility

Postby maths » Sat Jul 14, 2018 12:29 am

The gift you made is deemed to have been made at its market value for CGT purposes. You therefore precipitated a CGT liability on your part on the gain made.

Your daughter is treated as acquiring the property at its market value at the date of the gift.


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