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Posted Mon, 02 Sep 2024 21:31:00 GMT by 121Curious
My ex-wife and I have owned a residential property in England since 1998 that was our main residence for about 10 years. Purchase cost 100k - it was rented out afterwards. Current MV is say 300k. We are both non UK domiciled and have been non-UK resident for the last 10+ years. We now want to gift the house to our UK domiciled and UK resident adult son. What are the CGT consequences? Specifically: 1. We understand that we can opt for a valuation from 2015 (say 200k) when CGT on non-resident residential property came in rather than the actual cost in 1998. Is this correct? 2. Is the capital gain based on 2015 £200k value further abated by any period of main residence relief before 2015? 2a. is this answer any different if the property is re-occupied by us as a main residence before its sale? 3. We understand that when there is a transfer by gift from non-resident to a related UK resident the gain is held over until the eventual disposal of the property to a third party. - the relief is given by reducing the acquisition base cost for our son - so our son would acquire it at a base cost of £200k+ any further relief due to Main Residence - is this correct? 4. what happens when our son eventually sells the property after occupying it as his Only Main residence - does he qualify for the Only Main Residence relief for the period of his occupation? 5. If so, how is the CGT calculated when he sells the property? Thanks for your help.
Posted Wed, 11 Sep 2024 15:07:05 GMT by HMRC Admin 25 Response
Hi 121Curious,
1. Yes.
2. Yes.
3. Please have a look at the guidance here:
CG73986 - NRCG and the exemptions: Disposals from 6 April 2019: Interactions with Gifts hold-over and other reliefs.
for gift hold over relief.
4. Your son will be liable to pay the held over gain, when he disposes of the property. Please have a look at helpsheet HS295:
 Capital Gains Tax relief on gifts and similar transactions (Self Assessment helpsheet HS295)
For guidance on how to the holdover relief and the form that both of you would need to submit to HMRC to claim it.
5. Your son would work out his Capital Gains Tax liability for the period from the gift being made to its disposal, but using your original acquistion value.
There is a calculator here:
Tax when you sell your home
To help calculate any gains
Thank you. 

 

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