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Posted Wed, 01 May 2024 23:18:28 GMT by stephanie_mccahill McCahill
Due to marriage separation my ex and I are selling the family home. I would like to buy another home, which will be my main residence, before the family home sells (where my ex lives). This is likely to complete before the family home sells/completes. Can you advise if I would be liable for Capital Gains Tax on the sale of my family home if this completes after I have moved into my second home. Thanks.
Posted Fri, 10 May 2024 08:36:57 GMT by HMRC Admin 25 Response
Hi stephanie_mccahill McCahill,
There is a possibility of a capital gains charge.
When the disposal completes, you would take 50% of the disposal value and from this, deduct, 50% of the acquisition cost and 50% of acquisition / disposal costs, such as solicitor , estate agent fees.
You can then apply private residence relief, which is the number of months the property was your main resident over the number of months you owned the property.
This fraction give a deduction to take from the gain.
If you still have a figure above £0.00, you can set your annual exempt allowance for capital gains, this year it is £3000.
If you still have a positive figure, you have a gain that is taxable.
Please have a look at the helpsheet for private residence relief here:
Private Residence Relief (Self Assessment helpsheet HS283).
There is a capital gains calculator here:
Tax when you sell property
To help you work this out.
You can move on to the next sections and register for a capital gains account, which you can use to report and pay any gain.
Please note that if you do have capital gains tax to pay, you have 60 days from the completion date, to report and pay the Capital Gains Tax.  
If no capital gain arises, there is nothing to report.
You can keep a copy of the calculation on your computer for future reference.
Thank you. 
Posted Fri, 10 May 2024 09:40:13 GMT by stephanie_mccahill McCahill
Thank you, that’s really helpful. Just an additional question, the family home was a deed of gift to me and my sister a number years ago, from a parent who has now died. My sister signed over her share to my husband some years ago. So my husband and I didn’t buy the house as such. As there is no acquisition value as such, how does this change your advice above?
Posted Wed, 15 May 2024 11:01:25 GMT by HMRC Admin 10 Response
Hi
There would have been a market value at the time the property was gifted to you and again when your sister signed over her share.  This would be used to work out your capital gains liability.

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