Skip to main content

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



Posted Mon, 03 Mar 2025 12:30:51 GMT by Naveen Lakhanpal
We are in the process of selling a buy to let property for the first time. I know we can claim back the lawyers and estate agent fees but i have read elsewhere that you can claim stap duty as well. Is this correct? Not sure if it makes any difference but we are based in Scotland as is the property we are selling.
Posted Mon, 03 Mar 2025 16:06:49 GMT by Shazza117
Finally, what about rewire/partial rewire - is this revenue expenditure? Thanks again
Posted Wed, 05 Mar 2025 09:47:17 GMT by Chicken1980
Hi When calculating capital gains on the sale of a property previously let out, obviously you can deduct the cost of repaying the mortgage on it to the lender. If you had borrowed some of the purchase price against your own private residence, can you also deduct the amount needed to repay that? So essentially, if 75% of purchase price came from a mortgage and 25% from an additional mortgage against your own home, presumably you can repay both loan amounts ie 100% of the purchase price when calculating your capital gains?? Thanks
Posted Wed, 05 Mar 2025 12:29:15 GMT by HMRC Admin 21 Response
Hi Naveen,
Yes stamp duty is an allowable deduction.
Thank you.
Posted Thu, 06 Mar 2025 09:50:47 GMT by HMRC Admin 25 Response
Hi Shazza117,
This is not an allowable expense for Capital Gains Tax.
Thank you. 
Posted Thu, 06 Mar 2025 10:16:50 GMT by Clive Smaldon
Not HMRC...Chicken1980, are you talking about repaying the capital? If so, no you cant deduct the cost of the capital, the gain is purchase cost less sales proceeds, how the purchase was funded isnt a factor in the calculation otherwise you would be doubling the cost to buy the property.
Posted Thu, 06 Mar 2025 16:37:29 GMT by Clive Smaldon
...that should be sales proceeds less purchase cost (wrong way round, though the figure is the same)...to confirm, no, repaying a mortgage is not a deduction from the gain because all its doing it financing the purchase price...
Posted Tue, 11 Mar 2025 11:23:50 GMT by HMRC Admin 32 Response
Hi,
How you financed the acquisition of the asset, whether by mortgage, cash payment, inheritance or a combination of different methods is errelevant. How you acquired the asset is not a factor in calculating capital gains on the disposal of residential property. The calculation is the disposal value minus allowable costs to determine if their is a gain or a loss. Allowable costs are the acquisition cost, solicitor's fees, estate angent's fees, auctioneer's feed, stamp duty, disposal costs etc.  
There is a calculator below, which you can use to work out if you have a gain or a loss.  
Tax when you sell property
Gains should be reported within 60 days of the completion date.  
Guidance on this is at the end of the calculator.
Thank you.
Posted Mon, 17 Mar 2025 10:59:31 GMT by Shazza117
"There is a calculator below, which you can use to work out if you have a gain or a loss. "Tax when you sell property" Link appears to be broken...
Posted Wed, 02 Apr 2025 21:11:31 GMT by Michael Pollitt
Hi I have sold a house which was let out to a tenant. In order to sell it with vacant possession, I incurred legal costs associated with evicting the tenant. Can those legal costs be included in the "costs of disposal of an asset"? Or are those legal costs just the conveyancing costs associated with the sale?
Posted Thu, 03 Apr 2025 16:39:49 GMT by Julie Phipps
Hi. I've just sold a property that was in the joint names of my disabled brother and myself. I was left half by my parents. I had to obtain a Court order from the Court of Protection to obtain permisssion to sell on my brother's behalf as I am his Deputy and the original order appointing me required me to obtain a Court order to sell. Can the cost of obtaining the Court Order be deducted in my brother's CGT computation?
Posted Fri, 04 Apr 2025 09:47:28 GMT by HMRC Admin 21 Response
Hi Julie,
Please find guidance here:
PIM2120 - Deductions: main types of expense: legal and professional costs
Thank you.
Posted Mon, 07 Apr 2025 08:36:58 GMT by HMRC Admin 17 Response

Hi ,
 
Please refer to :

CG15250 - Expenditure: incidental costs of acquisition and disposal   

for allowable costs .

Thank you .

You must be signed in to post in this forum.