This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our Cookie Policy.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Where Taxpayers and Advisers Meet

Beneficial interests

CliveT
Posts:6
Joined:Sat Jul 07, 2018 10:54 am
Beneficial interests

Postby CliveT » Sat Jul 07, 2018 11:50 am

I own some properties with someone else and it has been agreed that we both remain as the legal owners but all the beneficial interests will be due to me. I understand this can be done via a declaration of trust, but i am unsure whether there are any SDLT or CGT implications.
For example, property valued at £300,000, mortgaged for £150,000 and bought 5 years ago.

someone
Posts:696
Joined:Mon Feb 13, 2017 10:09 am

Re: Beneficial interests

Postby someone » Sun Jul 08, 2018 9:28 am

Both SDLT and CGT implications.

You will be assuming liability for the whole mortgage - so 75K consideration which will trigger the 3% rate assuming you own other property.

The someone else (assuming not a spouse) will be making a disposal at market value (so 150k) and CGT will be due on any gain from the base price (with an 11K exempt amount)

There will also be a gift of 75K which has potential IHT implications should the someone else die in 7 years.

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

Re: Beneficial interests

Postby maths » Sun Jul 08, 2018 6:47 pm

In what way are the parties's rights and liabilities to change under the proposals?


Return to “Property Taxation”

cron