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Posted Sat, 18 Nov 2023 23:01:27 GMT by
Hello, My wife and bought a property together in 2012 which we sold in September 2023, and we now need to report the sale for CGT purposes. When we bought the property we bought it with the following shares as tenants in common: 35% for her and 65% for me. However during the time we owned the property we got married and moved to owning the property as joint tenants. So when we sold the property we both essentially got a 50% share of the sale price. The cost of the property when we bought it in 2012 was £332,000. My question is: for CGT purposes should we declare that my share of the property when it was purchased was 0.65 x 332,000, and that my wife's share was 0.35 x 332,000? Or can we declare that we each paid/owned 0.5 x 332,000, given that's where we ended up? It makes a fairly significant difference to the overall amount of CGT owed so I am keen to get an accurate answer. Thanks,
Posted Wed, 22 Nov 2023 12:57:47 GMT by HMRC Admin 25 Response
Hi Wombat20,
As husband and wife or civil partners, you can by default declare the gain as 50:50 and pay tax accordingly.
If you do not want to do that, then your only other option is to declare the gains based on your beneficial ownership percentages 35:65 and pay the tax arising in that way.
The choice is up to you.
Thank you. 

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