Selling a rented property (tax)
Selling a rented property (tax)
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Bullett

Original Poster:

11,056 posts

201 months

Wednesday 26th October 2011
quotequote all
Ok, so the Mrs had a house before we married. Purchased in 97 and lived in until 2006. Rented for the last 5 years.
As I read it, any gains are tax free for the period it is a main home plus the last 3 years.
So 1997 to 2006 = 9 years + 3 years = 12yrs tax free.
The gain over the whole period is in the region of 140k over 14years.
I also understand that gain is assumed equal over the whole period so 10k pa gain = 20k maximum exposure.
I then believe there is something called letting relief which is up to 40k so that means no tax is due when we sell?

Can anyone confirm that, or are my google skills weak?

Trying to figure out if it's worth selling to move up the property ladder and not cripple ourselves with a too high mortgage.

Toro Rosso

187 posts

172 months

Thursday 27th October 2011
quotequote all
Looks correct to me, but you will both need to complete tax returns/include it on your return if you already do one to claim the reliefs.

Always a good idea to get a professional opinion on something like this though - it would not cost too much when compared ot the gain you are making.

Eric Mc

124,089 posts

282 months

Thursday 27th October 2011
quotequote all
Bullett said:
Ok, so the Mrs had a house before we married. Purchased in 97 and lived in until 2006. Rented for the last 5 years.
As I read it, any gains are tax free for the period it is a main home plus the last 3 years.
So 1997 to 2006 = 9 years + 3 years = 12yrs tax free.
The gain over the whole period is in the region of 140k over 14years.
I also understand that gain is assumed equal over the whole period so 10k pa gain = 20k maximum exposure.
I then believe there is something called letting relief which is up to 40k so that means no tax is due when we sell?

Can anyone confirm that, or are my google skills weak?

Trying to figure out if it's worth selling to move up the property ladder and not cripple ourselves with a too high mortgage.
Is the rental property in joint names or in the wife's name only?

You are essentially correct. The period in which the house was lived in by the owner is exempt from Capital Gains Tax. An additrional three year period is also added on to the actual main residence period. However, when working out the main residence plus there year period you need to be pretty precise and carry out the calculation on a "day" basis.
In other words, the period is calculated by adding up the actual days from the date of purchase to the date the house stopped being the main residence - which MAY not be the date it started being rented out.
You then add on the actual days that make up the three year period. And don't forget that there will be some leap years in the periods you need to be taking into account,

Once you have worked out the actual number of days that make up the main residence period plus the extra three years, you go ahead and calculate the gain on the disposal. The gain is the original purchase price of the property PLUS any legal fees, stamp duties, estate agent's fees etc incurred at the time of purchase. You can also add onto the original cost any capital enhancement costs spent on the property during its period of ownership. These costs DO NOT include general repairs and maintenance costs but expenditure of a major type - such as extensions, upgrades to windows etc. They also do not include any property costs which you may have claimed tax relief on when computing the taxable rental properties. You can also add onto the original cost and legal fees any other charges incurred during the process of selling the property.

Once you have calculated the net gain, you then apply the time apportionment exercise where you split the gain between the time it was the main residence and the total period of ownership. The remaining part of the gaimn will be the part that will be taken for Capital Gains Tax purposes.
Next you apply any Commercial Lettings Relief if appropriate. And finally, you offset the Capital Gains Tax annual personal allowance, currently £10,600 per person.
If the property is owned 50/50, then the taxable gain is split 50/50 and each individual can offset their own £10,600 allowance.

Bullett

Original Poster:

11,056 posts

201 months

Thursday 27th October 2011
quotequote all
Lovely, thanks very much. As always the reality is much more complicated than the first view but I'm glad I had the general principles correct.

The house is just in the Mrs Name.

Eric Mc

124,089 posts

282 months

Thursday 27th October 2011
quotequote all
If you are genuinely married, there could be some scope in mitigating the gain if you had your name put on the deeds.

Toro Rosso

187 posts

172 months

Thursday 27th October 2011
quotequote all
Eric Mc said:
genuinely married
Don't know why, but this made me laugh. I would love to see how HMRC handle an enquiry where they think someone got married for CGT purposes!

Eric Mc

124,089 posts

282 months

Thursday 27th October 2011
quotequote all
Toro Rosso said:
Eric Mc said:
genuinely married
Don't know why, but this made me laugh. I would love to see how HMRC handle an enquiry where they think someone got married for CGT purposes!
They could do nothing about it. Married is married.

Toro Rosso

187 posts

172 months

Thursday 27th October 2011
quotequote all
Eric Mc said:
They could do nothing about it. Married is married.
I know, It was the genuine bit I found amusing. Facts don't usually stop them trying, just winning!

Eric Mc

124,089 posts

282 months

Thursday 27th October 2011
quotequote all
You have to be careful these days. People have partners, other halves, "the missus" etc etc but it's not always clear whether they are talking about a legal spouse or someone they have decided to live with.

In tax law, knowing the legal status is vital.