Dependant Relative Relief due?

[greenbankcharlie@tis]

Second property (never used as PPR)transferred to me by my uncle in 1998 for no consideration. Uncle has died recently aged 82 and property has been sold at a healthy profit. Uncle had lived in this second property all his life. Is the chargeable gain covered by Dependant Relative relief?

[Nigel Lord]

Unfortunately, Dependent Relative Relief was abolished on 5 April 1988 (except for existing arrangements).

You will be treated as having acquired the property at the open market value at the date of transfer and be subject to CGT on any gain after allowable reliefs and deductions.

It is not clear from your query why the proeprty was gifted or sold to you. As your uncle continued to reside there, it will still for part of his estate for Inheritance Tax (IHT)purposes due to the Gifts with Reservation Of Benefit (GROB) rules, and you have created an unnecessary CGT charge. This could have been avoided if the property was transferred to a trust of which your uncle (and you) were beneficiaries thus preserving PPR Relief.

I am sorry to be so negative. It goes without saying that professional advice should always be sought prior to entering into any such arrangements.

Nigel Lord
Lord Associates
Taxation & Business Consultants
Caxton House
Old Station Road
Loughton
Essex, IG10 4PE
020 8418 9101 & 07769 931852
mail@lordassociates.co.uk