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Posted Wed, 17 Apr 2024 12:11:56 GMT by Lydgate23
In 2015 my father bought a house and put myself as joint owner (50/50) as he has promised my mum he would do this before she had passed from a long illness in 2014. Alsolater in 2015 I sold my house and moved in with my partner (now husband). I have never lived at my father’s nor am I named on the deeds at my husband’s house (no mortgage). We are now selling both houses and my husband and I are buying together (small mortgage) and there is an annex for dad to move in to. Dad is making about £120,000 profit on his house. I do not intend to take any monies from this sale (it’s dad’s house as far as I’m concerned) but will I be charged CGT on my ‘half of the profit’ anyway as I’m down as having a 50/50 share? If dad did give me some money from the sale (say £30k to make improvements to the annex or pay it off our mortgage) would I pay CGT on that amount or would it still be charged against my ‘half’ of the profits anyway? I’ve asked my tax adviser and he wasn’t sure due to the fact I’m not on the deeds on my husbands home so he’s not sure if my fathers house would be classed as my principal address as I am on the deeds there. Very confused!
Posted Wed, 17 Apr 2024 13:34:32 GMT by Maccaw
A Politician is currently in the news for something similar :) Once you are married you are deemed as having only one primary residence for tax purposes, even if you were living apart and regardless of who owns it. therefore your husbands house is now your primary residence and the one you can sell "CGT free", you will have to pay CGT on the profit from "your" house.
Posted Thu, 18 Apr 2024 05:33:51 GMT by Lydgate23
I thought as much but my tax adviser confused me! Will it depend how much dad gives me (if anything) from the profit?
Posted Tue, 23 Apr 2024 13:45:18 GMT by HMRC Admin 5
Hi Lydgate23

Yes as joint owner and havent lived in the property, you are liable for capital gains on your share. you will need to obtain a value from 2015 when your mother passed and this will be your purchase price.
What your father does with his share of any profit is up to him and no CGT is due on him. there is no tax due on the giving of a cash gift.

Thank you

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