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Posted Tue, 31 Oct 2023 13:30:42 GMT by
I divorced 10 years ago and as part the financial settlement court order I am about to receive now my share of the value of the FMH. Do I have to pay CGT on it?
Posted Wed, 01 Nov 2023 12:39:36 GMT by HMRC Admin 25 Response
Hi Shades of Blue,
Further information is required to give a definitive answer on this and as such you should telephone 0300 200 3300 or contact us via webchat to go through the personal circumstances of the case.
Thank you. 

 
Posted Wed, 01 Nov 2023 15:01:08 GMT by
thank you for your reply the phone line has a long waiting time and asks to contact with different channels and the webchat does not take queries on CGT, only on PAYE and Self Assessment what are the further information that are required to answer here in the forum?
Posted Wed, 01 Nov 2023 15:24:20 GMT by
I read this "Individuals who have transferred their interest in the former matrimonial home to their ex-spouse or civil partner and are entitled to receive a percentage of the proceeds when that home is eventually sold, be able to apply the same tax treatment to those proceeds when received that applied when they transferred their original interest in the home to their ex-spouse or civil partner." Found on: https://www.gov.uk/government/publications/capital-gains-tax-transfer-of-assets-between-spouses-and-civil-partners-in-the-process-of-separating/capital-gains-tax-separation-and-divorce I would like to check my interpretation of it which is that I do not have a CGT liability on it. Divorce and court order were in 2013 and the court order provided that I would get from my ex a quarter of the value of the FMH after the last child completed secondary education which was this year.
Posted Thu, 02 Nov 2023 15:13:00 GMT by HMRC Admin 25 Response
Hi Shades of Blue,
Webchat covers Capital Gains Tax enquiries and queries would be answered by our technical tax officers.
You may also find guidance  here:
https://www.gov.uk/browse/tax/capital-gains
Which includes calculators and advice on how to report and pay Capital Gains Tax.
Thank you. 

 
Posted Thu, 02 Nov 2023 15:24:47 GMT by HMRC Admin 25 Response
Hi Shades of Blue,
You are correct. under point 5.3:
Capital Gains Tax: separation and divorce
As you have retained an interest and are due a percentage, no gain is due.
Thank you. 

 

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