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Posted Fri, 05 Apr 2024 11:23:58 GMT by Stuart McKinnon-Evans
A property is being sold, which was my parent's home. My father died in 2014, and half the property become part of a discretionary trust. The other half remained my mother's, and she lived in the home from 2014 to August 2022m when she went into residential careOn sale of the property, what is the treatment of any CGT? I assume my mother's half is not subject to CGT, since the property was her private residence, and the sale is underway within 36 months of her entry to residential care. Is the other half subject to CGT by the trustees? My mother is now a disabled person (being in care and in receipt of Attendance Allowance); and she a beneficiary of the discretionary trust. Is any relief available to the trustees in relation to my mother's disability?
Posted Mon, 15 Apr 2024 13:58:09 GMT by HMRC Admin 19

Your mothers half is not liable to CGT but the other half is. There is no relief allowable to the trustees in respect of your mothers disability.

Thank you.

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