A CGT question, some guidance please

A CGT question, some guidance please

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Discussion

Skyedriver

Original Poster:

17,818 posts

282 months

Friday 20th February 2015
quotequote all
Hi and thanks for any assistance on a property sale

Property bought in early 2004, lived in until late 2009 (about 6 years) when we moved away for work reasons, property became "second home".

Property bought for around £165k, spent around £25k on an extension plus another £20k on bathroom/kitchen etc. So total cost around £210k
(Have some receipts somewhere for the extension)

Expected value now around £250k although we would like more due to location etc.

So its not been our main residence now for around 4.5 years but probably hasn't increased in value since we left it as house prices in that area have stagnated.

Are we likely to get stung for CGT and how do the find out about it and how do they "bill" you?

Thanks for any guidance you can give.

T

Eric Mc

121,941 posts

265 months

Friday 20th February 2015
quotequote all
You mention "we". Is the property jointly owned?

Claudia Skies

1,098 posts

116 months

Friday 20th February 2015
quotequote all
Good question from Eric. You might be able to double-up the £11k annual allowance.

Your "gain" is time-apportioned between when you have and haven't lived in the house. And there's an 18 month "holiday" at the end. This link will take you through it,

http://www.theguardian.com/money/2014/aug/21/capit...

You need to get your own tax situation properly worked through in detail, either on your own or with the assistance of a tax adviser. Where proceeds of sale exceed £44k in a year (which yours will) you need to make a full declaration to HMRC in your tax return even if your actual chargeable gains don't exceed £11k. That means sending HMRC a fully detailed calculation which you need to be able to substantiate if they choose to come and ask questions. Note that your "acquisition costs" include any stamp duty you had to pay as well as legal fees etc. Similarly your costs of disposal include the estate agent, legal fees, VAT and so on. For a large taxable disposal it's well worth while getting all this stuff right.

Note: Do not try to sidestep HMRC on this one. They have a very big computer which knows who owns and sells property (from Stamp Duty) and who is renting out property (from income tax returns). Their computer is highly proficient at joining the dots....

Alpinestars

13,954 posts

244 months

Friday 20th February 2015
quotequote all
I'm assuming you didn't let the house in the period it wasn't your main residence because you say it was a second home. If you let it, you'll have no gain. It you didn't, you normally time apportion the gain, ie approx 11k chargeable gain before your annual allowance, which is currently 11k. If you need that allowance for other gains, I'd gather evidence that the gain all arose before you moved out and therefore argue there is no taxable gain.

sumo69

2,164 posts

220 months

Saturday 21st February 2015
quotequote all
Alpinestars said:
If you need that allowance for other gains, I'd gather evidence that the gain all arose before you moved out and therefore argue there is no taxable gain.
Thats not how the system works!

Alpinestars

13,954 posts

244 months

Saturday 21st February 2015
quotequote all
sumo69 said:
Thats not how the system works!
I've successfully argued this before despite the time apportioment rules in s223.

Edited by Alpinestars on Saturday 21st February 10:10

Countdown

39,817 posts

196 months

Saturday 21st February 2015
quotequote all
OP -based on what you've said, you would be entitled to Private Residence Relief (for most of the gain)

Basically any capital gains arising during the time that you lived in the property is exempt from CGT. The last 3 years are also exempt from CGT. That leaves just a couple of years (by my calcs) where any gains were taxable. Chances are they would be less than £11k.

Alpinestars

13,954 posts

244 months

Saturday 21st February 2015
quotequote all
Countdown said:
OP -based on what you've said, you would be entitled to Private Residence Relief (for most of the gain)

Basically any capital gains arising during the time that you lived in the property is exempt from CGT. The last 3 years are also exempt from CGT. That leaves just a couple of years (by my calcs) where any gains were taxable. Chances are they would be less than £11k.
It's no longer 3 years. It's 18 months.

Skyedriver

Original Poster:

17,818 posts

282 months

Wednesday 25th February 2015
quotequote all
Apologies for not getting back earlier on this request -

-yes its jointly owned
-it was last the main residence in Aug 2009
-does the cost of the extension we built counter any of the value increase?
-is the £11k allowance per annum? If so I would have though we were well inside of that.

-it was valued (but I don't think in writing, need to check) by the local estate agent in 2009 or 2010 at "offers over £225K". I would say it hasn't increased much on that; we thought it was undervalued then and would be looking for £250k.

No other significant capital gains, just a few losses in shares.

thanks


edited to fix a typo

Edited by Skyedriver on Wednesday 25th February 13:00

Skyedriver

Original Poster:

17,818 posts

282 months

Wednesday 25th February 2015
quotequote all
Just a thought,
If we moved back up there and started living in it again would that have any effect on CGT?

HootersGsy

731 posts

136 months

Wednesday 25th February 2015
quotequote all
Skyedriver said:
Apologies for not getting back earlier on this request -

-yes its jointly owned
-it was last the main residence in Aug 2009
-does the cost of the extension we built counter any of the value increase?
-is the £11k allowance per annum? If so I would have though we were well inside of that.

-it was valued (but I don't think in writing, need to check) by the local estate agent in 2009 or 2010 at "offers over £225K". I would say it hasn't increased much on that; we thought it was undervalued then and would be looking for £250k.

No other significant capital gains, just a few losses in shares.

thanks


edited to fix a typo

Edited by Skyedriver on Wednesday 25th February 13:00
The cost of an extension will increase the base cost for your calculation so yes, reducing the gain.
Your CGT allowance is an annual allowance but only with gains that crystallise in the year, you can't average the gain over multiple years! As it is joint ownership then you effectively get twice the allowance (or half the gain each)


Skyedriver

Original Poster:

17,818 posts

282 months

Wednesday 25th February 2015
quotequote all
THanks
Did there used to be something called tapering, where you could lose some of the gains over previous years.

Eric Mc

121,941 posts

265 months

Wednesday 25th February 2015
quotequote all
Yes - Taper Relief

Abolished in 2008.

Skyedriver

Original Poster:

17,818 posts

282 months

Thursday 26th February 2015
quotequote all
Eric Mc said:
Yes - Taper Relief

Abolished in 2008.
Must have seen us coming....we left there in 2009.