Capital Gains Tax

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Discussion

ooo000ooo

Original Poster:

2,567 posts

200 months

Wednesday 12th August 2009
quotequote all
My mum has been offered a place in a fold. She's told us she's going to sell her house and split the proceeds between Myself and my two sisters. Assuming the house is worth £150k would we be liable for capital gains tax on the 50k we'd each get?

Olf

11,974 posts

224 months

Wednesday 12th August 2009
quotequote all

For that amount of money she'd be better off just leaving large amounts of cash round the house when you're around. That way it's spent on her notional gambling habit.

Edited by Olf on Wednesday 12th August 21:42

Olf

11,974 posts

224 months

Wednesday 12th August 2009
quotequote all
feeling bad about the slightly flippant response. If your Mum sells the house she won't be liable for tax. Your main concern is about how long she lives after she's given you the cash. I think it's 7 years aftr you get the cash that you're subject to inheritance tax. Anyhow. The flippancy still stands. Cash is king.

Take some prof advice.

5unny

4,395 posts

188 months

Wednesday 12th August 2009
quotequote all
As above, if this is your mother's main home then when selling it no cap gains is due.

She then gifts you the money so again no tax is due on a gift.

If however she dies within 7 years then this gift (or part of it) would be included in her estate and then you'd have inheritance tax implications (if her total estate is above the inheritance tax threshold that is).

Eric Mc

122,699 posts

271 months

Thursday 13th August 2009
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The house itself is well below the Inheritance Tax threshold - so, assuming she has no other major assets to pass on when she passes on, there should be no Inheritance Tax arising either.

A person's main residence is completely free from Capital Gains Tax. If a person owns more than one property, there is even the option to chose which of the properties is the Main Residence (subject to certain criteria being met). The UK tax system is surprisingly lenient and flexible when it comes to the taxation of property.

Ask Hazel Blears smile.

Symptomless Coma

188 posts

188 months

Thursday 13th August 2009
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What happens if you only own 1 property but don't live there - are you still subjected to capital gains?

Eric Mc

122,699 posts

271 months

Thursday 13th August 2009
quotequote all
Symptomless Coma said:
What happens if you only own 1 property but don't live there - are you still subjected to capital gains?
Possibly. If you have NEVER lived there then it can never have been your main residence. However, if you have managed to live in it at some time - or even just intended to live in it but found (for whatever reasons) that you were unable to, then it can attract the Capital Gains Tax exemptions - on a time apportioned basis if necessary.

Edited by Eric Mc on Thursday 13th August 10:00

ooo000ooo

Original Poster:

2,567 posts

200 months

Thursday 13th August 2009
quotequote all
Thanks folks, the house is her only asset so nothing to worry about except what to spend the money on biggrin

esselte

14,626 posts

273 months

Thursday 13th August 2009
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What's a fold? Sorry for my ignorance...

XXVIII

2,800 posts

220 months

Thursday 13th August 2009
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esselte said:
What's a fold? Sorry for my ignorance...
just passing by and saw this thread and question

CGT doesn't apply to willed estates of less than (approx.) £350k! Just awaiting sale of a property that's part of an estate of (a very carefully managed) £349,999.99 value or slightly less...

and a 'fold' is an old folks home or at least it is in parts of Ireland...

hth

Eric Mc

122,699 posts

271 months

Thursday 13th August 2009
quotequote all
XXVIII said:
esselte said:
What's a fold? Sorry for my ignorance...
just passing by and saw this thread and question

CGT doesn't apply to willed estates of less than (approx.) £350k! Just awaiting sale of a property that's part of an estate of (a very carefully managed) £349,999.99 value or slightly less...

and a 'fold' is an old folks home or at least it is in parts of Ireland...

hth
Are you not refering to IHT rather than CGT?

Tiggsy

10,261 posts

258 months

Thursday 13th August 2009
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and if he is talking about IHT it's £325 not £350 so the carefully managed bit is as accurate as his taxation knowledge!

XXVIII

2,800 posts

220 months

Friday 14th August 2009
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yep, sorry I meant IHT not CGT...

My sister is the one holding the purse strings here - and yep, that explains why she's not been that concerned by the fall in the notional value of the property in the last year or so...

It would be good if we could sell the parents house as neither of us want to live in there and we couldn't risk letting it out to some hooligans. Whilst there's no mortgage remaining or much by way of running costs to pay, something approaching an amount more than effectively squat-all would be good to get as our folks intended...

... and I was just passing, but this will teach me to stick to commenting about what I know about which is clearly not tax matters!

esselte

14,626 posts

273 months

Friday 14th August 2009
quotequote all
XXVIII said:
esselte said:
What's a fold? Sorry for my ignorance...
just passing by and saw this thread and question

CGT doesn't apply to willed estates of less than (approx.) £350k! Just awaiting sale of a property that's part of an estate of (a very carefully managed) £349,999.99 value or slightly less...

and a 'fold' is an old folks home or at least it is in parts of Ireland...

hth
Ah OK thanks..in England if the coucil think that you've got rid of your assets to avoid paying for care then they'll take it back....