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Posted Fri, 16 Aug 2024 08:08:56 GMT by Cilacap
I am writing to enquire whether my sister and myself may potentially be liable to CGT on the sale of our mother's home in which we have a beneficial/equitable interest, but are not named registered owners. I have attempted to research this online but have not been able to clarify our position. The property was owned by our parents as joint tenants in common, with an equal 50% share each. My late father past away leaving, in his Will, his full share equally to my sister and myself (so 25% each). My mother was named as Executor, but as there is no time limit, and due to the upset of my father's death, she decided to delay applying for Probate until a future date. Therefore, Land Registry still shows my mother and late father as joint owners of the property. However, our mother has decided to move, and her home is being sold with her being the sole living registered owner. Since this decision, Probate has been applied for and granted. All of my sister's and my beneficial/equitable interest in the property will be used towards the purchase of the new property, and we will be registered as jount owners together with our mother. The sale is likely to complete in the next few weeks, and I am aware that if we are liable to report any gain, this has to be done within 60 days of completion. Therefore, I would appreciate prompt clarification on our position. Also, is there an email address for enquiries to HMRC regarding CGT? Regards
Posted Thu, 29 Aug 2024 14:03:04 GMT by HMRC Admin 20 Response
Hi,
You are still the owner of a % of the property as per the will and as such if the value of the property has increased since then, it is possible that capital gains will be due see-
Capital Gains Tax: what you pay it on, rates and allowances.
There is no email address for contact and if you need further information you can contact us on 0300 200 3300.
Thank you.
Posted Thu, 29 Aug 2024 16:42:35 GMT by Cilacap
Thanks for your reply and for clarification of our position. I expected this to be the situation but wasn't able to verify in the guidance. Based on the agreed sale price, I don't think our individual gain will be above our CGT allowances. However, as I am registered for SA, I believe that I still have to report any gain even if there is no CGT liability. Can you confirm whether this is correct or not. Also a few further questions. The valuation at the time of my father's death was reported in his IHT calculation and the sale price was agreed in April. Should the gain be the difference between the agreed sale price and valuation at the time of my father's death, or should the current valuation when we complete (hopefully in September) be used (as the property will have actually increased in value since the sale was agreed)? If the former (agreed sale price in April), should we then say that the property is being sold for less than its value, or is the valuation on completion deemed to be the agreed sale price? Lastly, I understand that fees such as solicitor and estate agent can be deducted from the gain. Would it be correct for us to deduct 25% of these in relation to our individual 25% share of the property? I look forward to your reply. Regards Mick
Posted Wed, 11 Sep 2024 07:35:54 GMT by HMRC Admin 21 Response
Hi Cilacap,
Yes you need to show the information on the return.  Any increase from the valuation at date of death the date the house is sold is what the gain is calculated on.
Thank you.

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