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Posted Mon, 04 Nov 2024 20:00:28 GMT by Mark Austin
I live with my wife in a house that is in my sole name, though it is also her main residence. I have progressed MND and need to move as the existing house is dangerous for me now. My (our) house is on the market but the market is very slow. However, we have found the perfect next home. As I am dying, I want to put the new home solely in my wife's name, to save on issues when I die (my life expectancy is 12 to 48 months). As it happens, under Stamp Duty rules she would be a first time buyer, but our motivations are to move to a safer home. I am leaving my entire estate to my wife, value just under £1 million in total, so no CGT I believe. So, my (our present main residence) home A, her (our next main residence) home B. I am lucky enough to be able to buy her home B with my savings plus a £50,000 bridging loan before I sell my home A. We will immediately move to her home B while I sell my home A, 100%, and hopefully soon. I see from other posts there is a "grace period" (for lack of a better term) before HMRC is entitled to CGT on my home A. Is it 9 months or 2 years? Or am I wrong?
Posted Wed, 06 Nov 2024 07:07:56 GMT by Mark Austin
RSVP Also, will HMRC accept an exemption to any CGT being due if I excede the time limit under the Equality Act 2010 if I have hospital / doctor letters saying I had to move due to my illness?
Posted Fri, 08 Nov 2024 16:46:47 GMT by HMRC Admin 19 Response
Hi,
When calculating Private Residence Relief, there is a period of 9 months that can be added to the number of months the property was your main residence. You can see guidance here:
https://www.gov.uk/government/publications/private-residence-relief-hs283-self-assessment-helpsheet/hs283-private-residence-relief-2024
Thank you.
Posted Fri, 08 Nov 2024 19:03:07 GMT by Mark Austin
Thank you. It would appear I get 3 years; very good. Period of ownership Your period of ownership begins on the date you first acquired the dwelling house, or on 31 March 1982 if that is later. It ends when you dispose of it. If you acquire land on which you build a house, your period of ownership begins at the time the dwelling-house comes into force. The final 9 months of your period of ownership always qualify for relief, regardless of how you use the property in that time, as long as the dwelling house has been your only or main residence at some point. If you’re a disabled person or a resident in a care home the final 36 months of ownership may qualify for relief if you do not have any other relevant right in relation to a private residence. More detail is available in the Capital Gains Tax Manual.
Posted Mon, 11 Nov 2024 13:58:36 GMT by HMRC Admin 17 Response

Hi ,
 
HMRC cannot give clearance before a gain is declared.

Each case would be looked at on its merit  .

Thank you .
Posted Tue, 12 Nov 2024 08:09:50 GMT by Mark Austin
Hello HMRC Admin I consulted with a CGT and SDLT expert and they said I should write to HMRC with specifics and evidence (letters from NHS MND and adult services specifically supporting the safety and social reasons for an immediate change of accomodations / home) asking for exemptions / extensions under the Equality Act 2010 quoting our NI numbers, etc. Where do I write please? Same address for CGT and SDLT RSVP
Posted Tue, 12 Nov 2024 08:26:20 GMT by HMRC Admin 34 Response
Hi,
The postal adresses for the CGT and SDLT teams can be found using the links below:
Capital Gains Tax: general enquiries
Stamp Duty Land Tax enquiries
Thank you

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