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Where Taxpayers and Advisers Meet

1st registration CGT

discombobulated
Posts:2
Joined:Tue Jul 24, 2018 6:57 pm
1st registration CGT

Postby discombobulated » Tue Jul 24, 2018 7:22 pm

My brother purchased a small commercial property from our father who is now deceased. (The property is currently in use as storage by a third party who has not been paying rent) My sibling purchased this property before property deeds had to be registered and he never got round to registering it because at some point he lost the deeds or they were burnt in a fire (not sure exactly) My siblings health is failing and he would like to give me the property so I can manage it and rent it out. He doesn't want to incur CGT as he will not be getting any advantage from gifting it to me. Can anyone tell me what the options might be with this situation, we are in the process of getting a copy of the original deeds from the county office so we can register the property, but as it has never been registered before was previously owned by my father and we are family could we just register it in my name and avoid the tax? BTW I have a very limited understanding of tax and even less of technical tax terms. Thanks :shock:

AGoodman
Posts:1745
Joined:Fri May 16, 2014 3:47 pm

Re: 1st registration CGT

Postby AGoodman » Wed Jul 25, 2018 11:56 am

The registration is completely separate from the tax.

If your brother gives it to you by any means he is making a disposal in a deemed market value transaction so will be liable to CGT on the difference between the market value when it was given to him and now. Should be 10/20% rate if commercial property.

discombobulated
Posts:2
Joined:Tue Jul 24, 2018 6:57 pm

Re: 1st registration CGT

Postby discombobulated » Wed Jul 25, 2018 7:51 pm

Thank you for your help.
I found out the property is in use as personal storage would that be the same rate of CGT?

I am also wondering if it would be possible to defer the CGT incurred by my brother until after I sell the property in a few years and pay it then?

Thanks.

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

Re: 1st registration CGT

Postby maths » Thu Jul 26, 2018 10:44 am

No deferral of CGT possible on gain arising on gift to you.

Maybe better for brother to leave property by will and thus on his death there is no CGT to pay.


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