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Where Taxpayers and Advisers Meet

Small part disposals

pawncob
Posts:5190
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex
Small part disposals

Postby pawncob » Wed Apr 09, 2025 4:07 pm

An area of land (c15acres) is owned by five people (inherited from parents), with two persons as registered proprietors.
It's owned as 40%/40%/5%/5%/5%/5%.
One of the 40% owners wishes to acquire sole ownership of c1 acre. It's amenity land, so of no great value.
Presumably TCGA s42(2) applies, so it's a small disposal and no CGT arises.
Does he have to pay 40% of the market value, (£7500) and then get reimbursed £3000 or can he just pay 60% to the other owners?

(I'm sure there's an obvious answer.)
With a pinch of salt take what I say, but don't exceed your RDA

AGoodman
Posts:2018
Joined:Fri May 16, 2014 3:47 pm

Re: Small part disposals

Postby AGoodman » Wed Apr 09, 2025 6:09 pm

Yes, I agree that s.42(2) should apply.

He is effectively buying the 60% of that area of land so, from a legal standpoint (i.e. documenting the sale) he can just pay the other parties the 60% (£4,500).

pawncob
Posts:5190
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Small part disposals

Postby pawncob » Fri Apr 11, 2025 11:12 am

Thanks. That's what I thought.
With a pinch of salt take what I say, but don't exceed your RDA


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