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Where Taxpayers and Advisers Meet

Transfer to inherited property to spouse & PPR

estateexec
Posts:22
Joined:Thu Apr 21, 2016 10:05 am
Transfer to inherited property to spouse & PPR

Postby estateexec » Fri Nov 13, 2020 6:02 pm

I would be grateful for any confirmation or advice on the CGT implications of the following situation:
Situation: 1 higher rate taxpayer & 1 basic taxpayer. One inherited property in 2016 (currently 2nd home).
If the inherited property (more than 2yrs ago) is part transferred without payment to husband and held as joint tenant ownership, I understand that no CGT is due as this is an inter-spouse transaction. Correct?
Then if the property was sold, both cgt allowances of currently £12,300 could be used. Correct?
The CGT on the gain could be shared 50:50 because the husband's ownership time in treated as going back to the date that the wife inherited the property and the couple's respective cgt tax rates used for their 50% shares. Correct?
If the property was not sold, would the husband have effectively triggered a change in combination of his properties and therefore be able to nominate the inherited property as the couple's main home for PPR relief purposes. Question?
If the above is the case then I understand that the cgt gain in value between inherited date and eventual sale date would be pro-rated between the time periods as a 2nd home and main home, barring the last 9 months before the sale. Correct?
Am I missing or misunderstanding anythings here? Grateful Thanks.

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Transfer to inherited property to spouse & PPR

Postby pawncob » Fri Nov 13, 2020 8:02 pm

1. Correct.
2.Correct.
3. Correct.
4. Correct. But there's a two year window, which has expired. Other property changes would enable a new window.
5. Yes, but see 4.
With a pinch of salt take what I say, but don't exceed your RDA

estateexec
Posts:22
Joined:Thu Apr 21, 2016 10:05 am

Re: Transfer to inherited property to spouse & PPR

Postby estateexec » Sat Nov 14, 2020 10:31 am

Thankyou so much for your reply "pawncob" and for confirming my understanding.
Just on point 4, so although the number of properties that the husband has an ownership interest in has increased through putting the inherited one in joint ownership, this does not trigger "a change in combination of properties" for him, facilitating a chance to nominate the inherited property as a main home? Is it that a married couple are treated as one entity and hence any properties owned by either of them are effectively owned by both of them?
Many Thanks.

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Transfer to inherited property to spouse & PPR

Postby pawncob » Sat Nov 14, 2020 8:46 pm

Section 222(5A) applies in relation to a notice given on or after 6 April 2020 and replaces an earlier extra-statutory concession (ESC D21). It applies where an individual has failed to make a nomination specifying which of two or more residences is their main residence within the statutory time limit of two years. It allows a late nomination for a period of time, provided that all but one of their residencies during that period had a negligibale capital value.

In relation to notices prior to 6 April 2020 late notices could be made under ESC D21 which allowed such notices where all but one of their residences had a negligible capital value so that the time limit was extended until a reasonable time after the person was first made aware that a nomination was needed.

https://www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg64500
With a pinch of salt take what I say, but don't exceed your RDA


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