Skip to main content

This is a new service – your feedback will help us to improve it.

Posted Tue, 17 Sep 2024 09:46:25 GMT by Neil Roberts
My father-in-law is considering gifting three buy-to-let properties to his daughter (my wife). The CGT liability on the three properties will be considerable (c£400k) and as this is a gift for no consideration, my father-in-law will not have the means to pay the CGT liability in full within 60 days. Our understanding is that this scenario meets the requirements of TCGA92/S281 which allows him to elect to pay the liability in 10 annual installments. The criteria as set out in CG66452 appear to be met - a gift of land, no holdover relief available and so on. Are we correct that my father-in-law can simply elect in writing at the time of the CGT return to pay the liability in 10 equal annual installments and make a payment of 10% of the liability at that time, and that HMRC would only satisfy themselves that the disposal meets the requirements set out in the manual in order for him to qualify for this relief? In other words, HMRC would not apply any other eligibility criteria before accepting the payment in 10 annual installments, such as a means or affordability test? Many thanks We appreciate that interest will be payable annually, and if the properties are subsequently sold for value, the full amount will be due and so on
Posted Tue, 24 Sep 2024 16:13:34 GMT by HMRC Admin 10 Response
Hi
This cannot be confirmed on the forum. An application would need to be made in writing for the circumstances to be considered for the gain to be apportioned and if allowed you would be advised accordignly
Posted Wed, 25 Sep 2024 08:15:25 GMT by Clive Smaldon
Not HMRC...doesnt apply to residential property, its not land that is being gifted but beneficial interest in residential property, unless someone can correct me.

You must be signed in to post in this forum.