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Posted Mon, 11 Sep 2023 10:35:40 GMT by andrew
I currently own a second property jointly with my wife. We want to transfer 25% of the equity to my son with my wife and I retaining the other 75%. The property was bought about 10 years ago for 100k and we currently estimate the value to be about 200k. I assume that CGT is payable but would like to confirm that it is only due on 25% of the capital gain (ie 25k) and that my wife and I would share the gain equally - therefore both having an ellowance exemption of 6k giving a taxable gain of 13k which we would share equally and each pay at our marginal rate.
Posted Tue, 19 Sep 2023 07:59:38 GMT by HMRC Admin 19
Hi,

As the disposal will not be at arms length, because you are transferring a share of the asset to your son, you will need to obtain the market value for the property at the time of the transfer of 25% to your son. As the property is jointly owned, both you and your wife will need to perform separate calculations.

To do this, split the acquisition costs and the market value 50/50. Work out 25% of the acquisition cost and the market value, for example, £100000 split 50/50 is £50000 at 25% = £12500. £200000 split 50/50 is £100000 at 25% = £25000. Buying and selling costs should also be apportioned.

There is a calculator to help you work out the amount of gain and the tax payable.

Tax when you sell your home

Thank you.
 
Posted Fri, 20 Oct 2023 13:07:03 GMT by andrew
I saw that there was a calculator - but I thought it said it couldn't be used if only a share of the property was being disposed of. Please clarify if we're talking abou the same calculator. Whether I calculate manually or using a calculator, how do we inform HMRC of the results and how long do I have to do it? On my self-assessment tax return for 22/23 one of the options seems to be to declare CGT and yet elswhere I've seen advice that indicates I need to report/pay CGT within a couple of months of the disposal. Please advise.
Posted Wed, 25 Oct 2023 10:45:26 GMT by HMRC Admin 32
Hi,

You can still use the calculator. If it is UK residential property that has been transfered. This needs to be reported and paid within 60 days.

Please see futher guidance at:

Report and pay your Capital Gains Tax

Thank you.
Posted Wed, 29 May 2024 09:37:56 GMT by ccw
Hi, I read the above question and reply and thank you for the work example from admin19. My wife and I would also like to transfer a portion of the equity of our family home to my eldest son who is currently living there already. The family home was purchased back in 1991 but due to work reason, we have been abroad since 2001 and have been non-UK tax residence for 15+ years. My understanding for the valuation of the property is reset to 2015 in case of non-UK tax residence disposal. Is this the scenerio I can use for the calculation of the market value? What assumption I should use for the acquisition cost back in 1991? Inflation linked to 2015? Thank you for your clarification in advance.
Posted Mon, 03 Jun 2024 16:22:42 GMT by HMRC Admin 10
Hi
As you take the value at 2015 the price paid in 1991 is not relevant.
Posted Thu, 06 Jun 2024 07:43:43 GMT by ccw
Thank you for your confirmation to use 2015 value. Would an estate agent (who managed the property) valuation be acceptable to HMRC or a chartered surveyor "Red Book Valuation" be required? Regarding my earlier question on the acquisition cost, I am referring to the legal and survey cost incurred in 1991 when I bought the property. Should these be inflation linked upto 2015? Thank you.
Posted Fri, 07 Jun 2024 16:21:47 GMT by HMRC Admin 20
Hi ccw,
An estate agent valuation would be acceptable, you cannot inflate the costs of buying the property as these will still be the same.
Thank you.

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