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Where Taxpayers and Advisers Meet

CGT on inherited house

bigcat65
Posts:1
Joined:Sat Mar 16, 2013 12:47 pm
CGT on inherited house

Postby bigcat65 » Sat Mar 16, 2013 1:13 pm

Hello

I would like some guidance as I could not find a similar situation on the forum although I am new so apologies if this has been covered elsewhere.

My father passed away over 7 years ago and my mother died recently. I am currently applying for probate as sole executor of my mothers will. My mothers estate excluding the below property is around £40k in cash and shares. I do not believe there are any inheritance tax implications hence posting in CGT.

In late 1997 my father gifted the main residence to me and my siblings (4 in total) but with a clause that he and my mother could continue live in the house until death (I think my father was the sole owner). The transfer paperwork was sorted out by a local solicitor. No rent was ever paid to me/my siblings and the house is worth around £250k in its current condition.

I need to get official valuations of the house but based on the above am I correct in thinking that I will have a CGT charge of £25k for the house if the value was £150k when the gift was made? (£250k - £150k / 4 siblings).

Many thanks in advance

Felix

Stevens
Posts:90
Joined:Wed Oct 31, 2012 1:23 pm

Re: CGT on inherited house

Postby Stevens » Thu Mar 21, 2013 2:58 pm

Hi

It could be that some of the gain could be exempt as it would be classed as a dwelling occupied by a dependant relative. Basically if an individual disposes of a property owned by him on 5.4.98 that was occupied rent free by a dependant relative on that date, and the relative continued to live there rent free up to three years before the time the individual disposes of the property, any gain arising on the disposal is exempt from CGT.

You will need to take specific advice on this matter to see what CGT treatment will apply in your case.

Regards

Liz Belshaw
AEStax & Accountancy Services
AEStax@hotmail.co.uk

mullet
Posts:3242
Joined:Fri Nov 06, 2009 9:26 am

Re: CGT on inherited house

Postby mullet » Fri Mar 22, 2013 1:26 am

It could be that some of the gain could be exempt as it would be classed as a dwelling occupied by a dependant relative. Basically if an individual disposes of a property owned by him on 5.4.98 that was occupied rent free by a dependant relative on that date, and the relative continued to live there rent free up to three years before the time the individual disposes of the property, any gain arising on the disposal is exempt from CGT.

You will need to take specific advice on this matter to see what CGT treatment will apply in your case.

Regards

Liz Belshaw
AEStax & Accountancy Services
AEStax@hotmail.co.uk
DRR is not available, as the qualifying date is 5 April 1988 - not 1998.

Stevens
Posts:90
Joined:Wed Oct 31, 2012 1:23 pm

Re: CGT on inherited house

Postby Stevens » Fri Mar 22, 2013 11:56 am

Yep, thats right wrong date in.


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