Clive Smaldon

Not HMRC...my take...when your mum was put on the property deeds for tax law purposes you gave her a share, you may not see it that way, but, if, as an example either of you had passed away after she was added to the mortgage then that property would be split between you for estate/IHT/tax purposes, so it is, in the eyes of the law, a gift. If she had just been added to the mortgage thats entirely different, in putting her on the deeds of the property she became a beneficial owner, entitled to a share of the capital in the porperty. No CGT was due on that gift as it was your PPR until that point, so PPR relief was due to you on whatever you had made between the purchase and your mum being added to the deeds. However, if she is now being removed as an owner she is, for tax law purposes, giving her share back to you, and is chargeable to CGT on the difference in the value between the two gifts, as it was never her PPR, so any gain on her share must be calculated and the tax paid to HMRC.

When a CGT on property return is submitted you get notification back in 2 seconds via automated email, confirming the tax due and the payment due by date. Part of the return completing process is that it tells you exactly how much is payable, which you have to accept or amend (with reasons) to complete and submit the return. If you didnt get a figure/email the return has not been completed/submitted correctly, this should be visibile within the account.

Not HMRC...think HMRC has misunderstood the question. If you sell in your own name then CGT is due as normal, the net after paying the CGT would be available to gift (but CGT doesnt count to offset for relief for income tax). If you were to gift the property (which is not what you were asking) then the situation is different.

Not HMRC...your husband cannot use the real time service if you are caliming tax credit for any CGT in France...he would also need to do SA

Not HMRC...previous years, youll need to amend those returns individually...you cant just put the unclaimed amount as B/fwd, those years tac calculations need to be done individually and if any unused relief is then carried forward, there may not be any...depends on any tax payable in those years, the rate bands, the property income falling liable, personal allowances used first etc etc, t here are too many variables...you need to amend the earlier years returns.

Not HMRC, you need to complete and submit SA returns for each year from departure/commencement of letting, including both property pages and residence pages, regardless of property profit/loss, otherwise HMRC can assess your worldwide income (taking in to account the Double Taxation treaty) for this period. n.b. mortgage interest is not an allowable deduction, but relief may be given as a tax credit, personal allowance also claimable, year of departure and return split year (probably). If done all that already ok. Re the CGT, net sale proceeds (after legals etc) less total costs to buy give the gain. Gain split 50/50 if joint. PPR relief amount is number of months lived in plus final 9 / total period ownership, balance charged to tax after annual exemptions. The 2 years thing is re notifying re which property PPR, nothing to do with CGT calculation...if youve made a gain it is apportioned over entire period owned, the relieved period is the period you lived in it as a fraction of the time owned...

Not HMRC. You state you are UK tax resdient. Are you also statutorily tax resident in South Africa? If you are you need to determine your treaty residence position (article 4). This is because under the DTA some sources are only taxable in one country for example, interest (article 11) whereas the DTA allows dividends (article 12) and capital gains (article 13) to be reported and taxed in both (so tax credit available in the other country). If you are statutorily tax resident in both countries you will need to complete residence pages, in which case you will need to decide under article 4 which country takes precedence for your treaty residence for sources that are not "interchangeable". If you are not tax resident in South Africa then everything would be assessable in the UK so there wouldnt be anything to put on residence pages..

Not HMRC. You both should complete SA forms to report the gain. This is a foreign disposal, and you wish to claim foreign tax credit. You should therefore calculate the gains on UK RULES (not the rules of the country of disposal). You need to convert the sales proceeds to £ on sale. You need to convert costs on purchase to £ at the date of purchase, and add in any improvement costs. You also need to claim the foreign tax credit which will either leave an amount due in the UK or the liability will be covered by it, but you cant claim the excess. Completing SA returns will ensure the correct rates of UK CGT are used as they are dependant on other income in the UK. A real time submission in this situation simply wont work.

Not HMRC...student loan is based on cumulative income, not individual jobs, so you tick yes and the balance it is showing as due will be payable, the first job has only calculated student loan on the first job, it is also due on the second (as it would be on any other source of income not taxed at source...bank interest, income from property etc).

Its the way the allowances, bands and rates are designed. PAYE/Property/Self employment etc are liable at standard rates of tax, other sources...bank int and dividends have their own rates and/or separate exempt amounts depending on amounts. Therefore, anything that isnt subject to "variations" is considered first. The calculation cant pick up the interest as first assessable source as it is subect to savings allowance in addition in some (not all) circumstances (dont get savings allowance when other income is above certain limits) and its got its own small exemption. Theoretically, yes, if PAYE or self employed income this would use personal allowance as earned income takes priority over property (investment income) and property income would be charged so tax credit due.