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  • RE: How to manage someone's tax account online as Power of Attorney

    I have been reading through and note some have had issues with getting LPA registered with HMRC. I have just successfully managed to do this (without sending original / certified copy) as follows. 1) create an account with the OPG 2) From account, generate a OPG access code for Financial LPA 3) Tel HMRC on 0300 200 3300. 4) Provide NI number for individual you hold LPA for 5) Provide OPG access code. Advised it can take 72 hours to become active on the system. Advised next steps (post 72 hours when HMRC system has updated), I need to set up a CGT account. Advised any specific questions re how to answer to call through, on above number, ask for Tech Team re CGT. If I have any issues with next stages, I shall report back on here.
  • CGT - Tenants in common, discretionary trust and integral flat let complexities

    Family home just sold. Have been reading through the CGT guides but finding situation very complex and I am feeling very confused. First of all it's what date to use for the market value? Home originally purchased in mid 1970's by my parents so my reading is that as prior to 31 March 1982 would be subject to the re-basing provisions, however, in the early 2000's, shortly after an extension was added to the property (for which I do not have any record for the cost of such improvements), they severed their joint tenancy and became tenants in common on a 50/50 ownership basis, each creating a discretionary Will Trust containing the wish that the surviving spouse should be considered the primary beneficiary of income and capital. They did not register this with the Land Registry at this time and in fact first registration at the land registry only occurred this year at which time an estate agent estimated valuation was used which subsequently was predicted much higher than the actual sale price achieved. Father died in 2010 and mother continued to live in the property until two years ago when went into a nursing home. Due to failures of the family executors, the trust was not formally set up nor was the property registered with the land registry so no formal valuations, etc, were set up at the time, but the death of my dad didn't result in a change in ownership as that had happened when they severed the joint tenancy. Hence my becoming really confused what date of valuation I should be looking to ascertain. For approximate a year prior to my father's death, part of their property was converted to a self contained bedsit (I don't have any invoices relating to this nor indeed know if cost was offset again income tax) and was rented out for approx 13 / 14 years. Should I just take the date of my dad's death to the date that the last tenant left as I have no record of date renting began nor of gaps between tenants? Post my father's death, my mother benefitted from all the tenant income (I don't know whether or how this may have been shared previously). My mother also paid no rental for her continued use of 100% of the 'family home'. When making the CGT declaration for my mother, would it be in relation to the 50% of the property she owned or does the continued free use of the whole property and income from rental alter this in any way? The net proceeds of sale are being shared 50/50 less costs, which the remaining executor to my dad's will trust has agreed by approval of the completion statement with no claims being made for my mum to reimburse any rental income nor rental for her continued use of the 'family home'. Is it perhaps possible to arrange an appointment for help in making the CGT declaration? Mum did have an accountant for her self assessment tax returns, but he has advised that he cannot do a CGT declaration for mum and that as her LPA I have to set up an account with HMRC myself and provide all the necessary information, hence posting here. It seems such a minefield and although I know there are 60 days post completion to declare, that doesn't feel like long enough for me to understand and get market values etc. Many thanks for any help or direction to help. As LPA for my mother, I believe that for the residential part of the property she lived in, that there will be no capital gains tax as she has been in a nursing home for less than 3 years, however, that I need to work out percentage area of the bed sit with a potential capital gains tax being paid on that. Would my mother having received 100% of the rental income and having lived in my father's will trust 50% share of the property rent free, affect the sharing of the CGT, which otherwise I would assume would be shared 50/50 between my dad's will trust and my mother's estate?