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egomeister
Original Poster
4,054 posts
132 months
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Can anyone confirm if I am calculating CGT correctly in the following scenario please?
An investment property was owned by a couple on a tennants in common basis. Partner 1 died and passed their half to the remaining partner, who decides to dispose of the asset a few years later. The original purchase price was £100k in 2000, the value at partner 1's death was £200k in 2006 and the value now is £150k, and there was 10k in expenses over the period of ownership. Is the following calculation correct?
Partner 1's share: As inherited between partners, value for CGT starts at partner 1's death, ie 50% of £150k-£200k = -£25k
Partner 2's share: Owned from outset, ie 50% of £200k-£100k = £50k
Partner 2's current CGT liability: £50k - £25k - £10k (expenses) - £10.6k (tax free allowance) = £4.8k
So total CGT liability would be 18 or 28% of £4.8k depending on partner 2's tax rate?
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Eric Mc
67,256 posts
134 months
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egomeister
Original Poster
4,054 posts
132 months
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Yes, partners were married - should have made that clear
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sumo69
858 posts
89 months
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Did HMRC agree the valuation of the 50% stake at the date of death?
David
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egomeister
Original Poster
4,054 posts
132 months
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sumo69 said: Did HMRC agree the valuation of the 50% stake at the date of death?
David The valuation was done by an estate agent, and is that value that was used for probate which wasn't questioned at the time.
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sumo69
858 posts
89 months
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So
Proceeds 150 Cost 1 -50 (half of initial 100k cost) Cost 2 -100 (value of 50% for probate) Other - 10 LOSS -10
So no CGT liability.
I assume the costs include agents fees, solicitors and any stamp duty on purchase which are all included in a CGT calculation?
David
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egomeister
Original Poster
4,054 posts
132 months
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sumo69 said: So
Proceeds 150 Cost 1 -50 (half of initial 100k cost) Cost 2 -100 (value of 50% for probate) Other - 10 LOSS -10
So no CGT liability.
I assume the costs include agents fees, solicitors and any stamp duty on purchase which are all included in a CGT calculation?
David Thanks David, so my maths would have been right if it wasn't for me inadvertently taking the surviving partners cost to be based on the peak price rather than the current price! The costs mentioned include all appropriate maintenance/fees (all numbers in the example are made up so they may not be realistic!) Given that in this example the purchase/sale values balance to zero, then I think the additional costs are pretty much irrelevant?
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sumo69
858 posts
89 months
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I assume the property was not rented that you have included the maintenance costs? Otherwise they would be set-off v rental income and not treated as a CGT cost.
As you say, in this example there is no concern as even excluding the other costs there would not be a liability.
David
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egomeister
Original Poster
4,054 posts
132 months
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sumo69 said: I assume the property was not rented that you have included the maintenance costs? Otherwise they would be set-off v rental income and not treated as a CGT cost.
As you say, in this example there is no concern as even excluding the other costs there would not be a liability.
David Good point, how is that generally handled? I think the majority of maintenance costs were incurred at a time when no rental income was received (although the property was inhabited at that time if that makes any difference)
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Eric Mc
67,256 posts
134 months
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It depends on whether those maintenance costs were booked for offset against rental income. If they were, and there was no or very little rental income, then in all likelihood there would have been a rental loss in those periods, which would have been offsetable against future rental profits. If those rental profits failed to materialise, those losses will effectively go to waste.
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sumo69
858 posts
89 months
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Yes - thats a fair summary.
I suspect that returns may have not been prepared...
David
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Eric Mc
67,256 posts
134 months
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Another problem would be trying to go back in time and find evidence for maintenance costs and perhaps enhancement costs, that were not claimed for in any way in the years they were incurred and which could, in theory, now help reduce the Capital Gain.
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egomeister
Original Poster
4,054 posts
132 months
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Thanks for the help guys, very useful.
In essence then, any costs that have been reconciled in an annual tax return can't be included in the CGT tax calc? In this situation the bulk of maintenance costs have occurred more recently, in the period with no rental income and have not been reconciled on a tax return (ie, offset against future rental)- hence they should ok to include as costs for CGT purposes?
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Eric Mc
67,256 posts
134 months
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Up to a point. CGT allows "enhancement costs" to be added to the original cost of the property thereby helping reduce the CGT profit. The rules do stipulate what they mean by "enhancement costs" as being costs that make the property better than before. Therefore, in theory, ordinary repairs and maintenance costs are not really included in the definition of enhancement costs.
In reality, the dividing line between ordinary repairs and genuine enhancements isn't always that clear cut.
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egomeister
Original Poster
4,054 posts
132 months
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Eric Mc said: Up to a point. CGT allows "enhancement costs" to be added to the original cost of the property thereby helping reduce the CGT profit. The rules do stipulate what they mean by "enhancement costs" as being costs that make the property better than before. Therefore, in theory, ordinary repairs and maintenance costs are not really included in the definition of enhancement costs.
In reality, the dividing line between ordinary repairs and genuine enhancements isn't always that clear cut. Ah I see! The main cost incurred is the installation of double glazing, which sounds like a fairly clear cut enhancement cost. Presumably then, the day to day costs are balanced against the rental income and the enhancement costs balanced against Capital Gains - the grey areas occurring in how any particular cost is classified.
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Eric Mc
67,256 posts
134 months
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In a nutshell 
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egomeister
Original Poster
4,054 posts
132 months
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Makes a lot more sense now, thanks again for your help!
One final question though - In this calc the cost price (for CGT purposes) for the dead partners half of the property starts at the time of death (and hence transfer to the surviving partner), due to the property being held as tenants in common and there being no tax liability when passing the asset to the surviving spouse. Is it correct that the gains between initial purchase and the death are effectively "lost" - I can't spot anything obvious on the HMRC site to contradict this?
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sumo69
858 posts
89 months
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As I showed you, the value of the deceased's share gets a CGT free uplift to the probate value - that's the law.
David
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egomeister
Original Poster
4,054 posts
132 months
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sumo69 said: As I showed you, the value of the deceased's share gets a CGT free uplift to the probate value - that's the law.
David Thought that was the case, was just shocked that HMRC don't claw it back elsewhere  Thanks again! 
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