Mark Austin

Hello HMRC Admin I consulted with a CGT and SDLT expert and they said I should write to HMRC with specifics and evidence (letters from NHS MND and adult services specifically supporting the safety and social reasons for an immediate change of accomodations / home) asking for exemptions / extensions under the Equality Act 2010 quoting our NI numbers, etc. Where do I write please? Same address for CGT and SDLT RSVP

Thank you. It would appear I get 3 years; very good. Period of ownership Your period of ownership begins on the date you first acquired the dwelling house, or on 31 March 1982 if that is later. It ends when you dispose of it. If you acquire land on which you build a house, your period of ownership begins at the time the dwelling-house comes into force. The final 9 months of your period of ownership always qualify for relief, regardless of how you use the property in that time, as long as the dwelling house has been your only or main residence at some point. If you’re a disabled person or a resident in a care home the final 36 months of ownership may qualify for relief if you do not have any other relevant right in relation to a private residence. More detail is available in the Capital Gains Tax Manual.

Bellaboo That was not my question. FYI the purchase price is £420,000 Are you a solicitor / tax advisor?

I live with my wife in a house that is in my sole name, though it is also her main residence. I have progressed MND and need to move as the existing house is dangerous for me now. My (our) house is on the market but the market is very slow. However, we have found the perfect next home. As I am dying, I want to put the new home solely in my wife's name, to save on issues when I die (my life expectancy is 12 to 48 months). As it happens, under Stamp Duty rules she would be a first time buyer, but our motivations are to move to a safer home. I am leaving my entire estate to my wife, value just under £1 million in total, so no CGT I believe. So, my (our present main residence) home A, her (our next main residence) home B. I am lucky enough to be able to buy her home B with my savings plus a £50,000 bridging loan before I sell my home A. We will immediately move to her home B while I sell my home A, 100%, and hopefully soon. I see from the above posts that there is a "grace period" (for lack of a better term) before HMRC is entitled to CGT on my home A. Is it 9 months or 2 years? Or am I wrong? Finally, will HMRC accept an exemption to any CGT being due if I excede the time limit under the Equality Act 2010 if I have hospital / doctor letters saying I had to move due to my illness?

RSVP Also, will HMRC accept an exemption to any CGT being due if I excede the time limit under the Equality Act 2010 if I have hospital / doctor letters saying I had to move due to my illness?

I can not as I am mute :(

SDLTM29845 (Definition of a first-time buyer) has a small potential ambiguity in that "non-purchasing spouse / civil partner has previously owned" is open to interpretation, not least that elsewhere contexts are more precisely defined. Is it "previously but no longer owns" or "previously powned and / or still still owns"? My / our specific situation; I own House A (our mutual present residence / home) in my sole name. I have progressed progressive Motor Neuron Disease (badly disabled and mute) and our home is now dangerous (4 flights of stairs with living areas spread out over 5 floors), so we need to move. House A is on the market but the market is slow to stagnant right now. We have found the perfect house (House B) with living areas and my intended bedroom / en suite on the ground floor. Because I am leaving everything to my wife (total assetts under £1 million), I am putting the next home House B in my wife's sole name (I am gifting the money to her to buy it, with the help of a £50,000 bridging loan in my name and secured solely against House A); this to reduce the legal work / stress for her when I die (my life expectancy is 12m to 48m and I am receiving palliative care). House A will then be sold vacant possession; I will absolutely sell it. I believe that my wife would or should be considered a First Time Buyer for Stamp Duty purposes by HMRC, not least because of the Equality Act 2010 (special adaptive flexible consideration / practices afforded to the badly disabled, as we are only moving because of my disability), am I right?

I live with my wife in a house that is in my sole name, though it is also her main residence. I have progressed MND and need to move as the existing house is dangerous for me now. My (our) house is on the market but the market is very slow. However, we have found the perfect next home. As I am dying, I want to put the new home solely in my wife's name, to save on issues when I die (my life expectancy is 12 to 48 months). As it happens, under Stamp Duty rules she would be a first time buyer, but our motivations are to move to a safer home. I am leaving my entire estate to my wife, value just under £1 million in total, so no CGT I believe. So, my (our present main residence) home A, her (our next main residence) home B. I am lucky enough to be able to buy her home B with my savings plus a £50,000 bridging loan before I sell my home A. We will immediately move to her home B while I sell my home A, 100%, and hopefully soon. I see from other posts there is a "grace period" (for lack of a better term) before HMRC is entitled to CGT on my home A. Is it 9 months or 2 years? Or am I wrong?