Hi forum,
I am struggling to understand the CG manual on PRR
I have a few questions here for different scenarios. I entered some figures because examples are easier to understand.
A residential property bought for say 100k now worth 300k, is the main residence of a settlor. There were absences and PRR would apply to 80%, a gain of 40K is taxable. The property is being settled into trust without interest to the settlor. Is it possible to claim gift hold-over relief under TCGA92/S260 on this 40K gain? Or will hold-over relief undo all the PRR?
The property becomes the main residence of a beneficiary who has the right to reside there. As I understand the rules, if the trustees were to sell the property at say 350K, no PRR could be claimed by the trustees because of the hold-over relief at the entry (unless there is time to undo it). Is there no PRR on the last 50k, therefore tax become due on 50k + 40K, or on the whole 250K?
But instead, 8 years later the trustees distribute the property to the beneficiary. The property value has risen to 350k. Is this 50k gain taxed when an asset flows through to the beneficiary, or is this reflected in the exit charge only? I understand that the held-over CG becomes due unless the trustees claim hold-over relief.
Assuming the trustees claimed hold-over relief at the distribution to the beneficiary. Would the beneficiary never be able to claim any PRR if he wanted to sell his main residence?
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