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Posted Mon, 29 Jul 2024 13:29:38 GMT by Ian Gray
My wife inherited shares from a deceased uncle. Three questions arise: 1.If now opting to sell any of these holdings, is the gain (or loss) treated as from value at date of death or date of granting of probate? 2. My wife and I also own a rental property, which we plan on selling this year. What is the relationship between the loss on sale of some shares, and the gain in value of the property? Can such a loss be offset against the gain? The loss on one particular share holding is some £30k (depending on answer to Q1) and the gain on the property is probably £50k. 3. If the answer to Q2 is 'yes', how is the CGT liability calculated, given the rates on shares and property respectively are different? (NB. I am aware of benefit of transferring some shares to me prior to sale, and thus each claiming the personal allownace of £3k) Thanks
Posted Fri, 02 Aug 2024 09:09:04 GMT by HMRC Admin 20 Response
Hi,
If the shares were valued in the grant of probate, then this value will be used in determining any capital gains or losses arising from their disposal.  
Losses from the disposal of one type of asset, can be set against gains of another type of asset.  Capital gains is calculated on the first assets to be disposed of.  
If this results in a loss, the loss can be set againts the calculated gain of another disposed of asset.  Only when the net gain is know, is the relevant tax rate applied.  
UK residential property is taxed at the lower rate of 18% and the upper rate of 24%.  All other disposals are at the lower rate of 10% and the upper rate of 20%.
Thank you.
Posted Fri, 02 Aug 2024 11:13:09 GMT by Ian Gray
Thanks for the response. May i just clarify - in the example i gave above, assuming both sold in same tax year, there would be a net profit of £20k (£50k profit on property less £30k loss on shares ), so does that mean the tax rate applied would be the property rate of 18% (24% higher) on that £20k? Thanks
Posted Tue, 06 Aug 2024 10:44:12 GMT by HMRC Admin 18 Response
Hi,

As you are selling 2 different types of asset you can choose which is more beneficial for claiming the annual allowance. If using against the shares then yes, you will pay tax on the porperty at the higher rate of 24 %.

Thank you.

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