Sell or keep BTL property?
Sell or keep BTL property?
Author
Discussion

RichTT

Original Poster:

3,266 posts

201 months

Saturday 30th December 2017
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So I have a second property that I let out. It was my ex wife's flat that was in negative equity when we married, and I've subsequently dug it out of debt by taking money out of my primary residence and took out a BTL mortgage. ( When wife f!kd off she took cash I kept the property).

I figure it's worth £85k with £53k left on the mortgage. Monthly income is £480 minus 10% fees. I'm a high rate tax payer as well.

As far as I see if I sell it I would be liable for capitol gains tax on my profit? Is this correct?

Edit: it was in her name when we married, we added my name to the deeds. Originally there was a large interest only Northern rock mortgage on it. I had to put in about £30k in order to get it into 30% loan to value range for the BTL mortgage. Not sure if that's relevant.

Edited by RichTT on Saturday 30th December 12:31

nickfrog

25,367 posts

247 months

Saturday 30th December 2017
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Yes but there is a £11.3k CGT allowance per tax year so you will only pay CGT on the profit above that - you can also deduct some of the costs when you bought the flat (see your solicitors final statement of the transaction).

That's £11.3k per person so if you own it with someone you can double it if they haven't used it up that year.

6% net yield before tax is pretty good so in that light I would keep it going unless you have a better yield for the cash if you sell. But then again, it depends how much CG you're sitting on. I tend to sell property exactly when the crystallised profit reaches the allowance level (when possible).


Edited by nickfrog on Saturday 30th December 12:37

bludger

112 posts

108 months

Saturday 30th December 2017
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Being a higher rate taxpayer are you aware of the provisions of Section 24 of the Finance Act 2015? If not I suggest you ask your accountant (who may well have mentioned it to you already).

996c2

470 posts

195 months

Saturday 30th December 2017
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https://www.taxinsider.co.uk/1383-Lettings_Relief_...

There's a £40k letting relief if the let property was ever your primary residence.

If it not too much hassle, it could be worth moving into the "2nd" and letting out your "1st" property for a year or so to benefit from the "2nd" property being your primary residence at some point.

You obviously need to sort out your mortgages to allow you to live in your "2nd" property and let out your "1st" property.


Eric Mc

125,701 posts

295 months

Saturday 30th December 2017
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And, if you do want to "move in", you have to indicate to the rest of the world that it really has become your "main residence". In other words, you are expected to show that you have genuinely moved house and notified all the usual culprits.

RichTT

Original Poster:

3,266 posts

201 months

Saturday 30th December 2017
quotequote all
Yes I'm aware of the changes coming in which is why I'm thinking about selling up. I really doubt it's appreciating much value wise. I do have the option of selling privately thankfully which should save some money.

Really going to resent paying so much tax to release the equity though. It's been such a waste of money and looks like it's going to cost me more than I've put into it.

Edit. Lord no I wouldn't move into it.


Edited by RichTT on Saturday 30th December 15:47


Edited by RichTT on Saturday 30th December 15:48

NickCQ

5,392 posts

126 months

Saturday 30th December 2017
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Can the tax bods tell us what is the 'tax basis' for CGT in this situation? Is is the original purchase price or the valuation when the property changed hands at the time of either marriage or divorce?

What I am getting at is that if the property was in neg equity then surely it follows that the value today is less than the original purchase price? Unless you had one of the Northern Rock 125% LTV special mortgages!

So what capital gains do you actually have? The fact you paid down the mortgage principal by £30k shouldn't affect this calculation AFAIK - sounds like there is actually no CGT-able profit in this situation.

ninja-lewis

5,442 posts

220 months

Saturday 30th December 2017
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Depends what the relationship was when the transfer took place. If transferred when married, it would be the original valuation. If transferred sometime after separation, it could potentially be the market value at the time.

https://www.gov.uk/government/publications/husband...

RichTT

Original Poster:

3,266 posts

201 months

Saturday 30th December 2017
quotequote all
NickCQ said:
Can the tax bods tell us what is the 'tax basis' for CGT in this situation? Is is the original purchase price or the valuation when the property changed hands at the time of either marriage or divorce?

What I am getting at is that if the property was in neg equity then surely it follows that the value today is less than the original purchase price? Unless you had one of the Northern Rock 125% LTV special mortgages!

So what capital gains do you actually have? The fact you paid down the mortgage principal by £30k shouldn't affect this calculation AFAIK - sounds like there is actually no CGT-able profit in this situation.
Yes it was one of those bloody ridiculous mortgages. Bought long before I had any involvement with her. It's been a toxic thorn in my side for many years. So has the flat. (Boom boom)

Does it go on profit over original valuation?

RichTT

Original Poster:

3,266 posts

201 months

Saturday 30th December 2017
quotequote all
My name was added to the deeds whilst married, hers taken off as part of the divorce.

Sarnie

8,373 posts

239 months

Saturday 30th December 2017
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NickCQ said:
Unless you had one of the Northern Rock 125% LTV special mortgages!
There was never any such thing as a 125% mortgage.................it was a 95% mortgage and a 30% unsecured loan on the same rate and term as the secured mortgage..........so the property would not have been in negative equity from the start.............

kurt535

3,560 posts

147 months

Saturday 30th December 2017
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what was purchase price please?

NickCQ

5,392 posts

126 months

Sunday 31st December 2017
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Sarnie said:
NickCQ said:
Unless you had one of the Northern Rock 125% LTV special mortgages!
There was never any such thing as a 125% mortgage.................it was a 95% mortgage and a 30% unsecured loan on the same rate and term as the secured mortgage..........so the property would not have been in negative equity from the start.............
Ah OK thanks, still crazy.. just not quite as crazy smile

RichTT

Original Poster:

3,266 posts

201 months

Monday 1st January 2018
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Given that we divorced and agreed a value of the house during settlement the CGT should only be on anything earned above that threshold correct?

ReaperCushions

7,563 posts

214 months

Tuesday 2nd January 2018
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NickCQ said:
Sarnie said:
NickCQ said:
Unless you had one of the Northern Rock 125% LTV special mortgages!
There was never any such thing as a 125% mortgage.................it was a 95% mortgage and a 30% unsecured loan on the same rate and term as the secured mortgage..........so the property would not have been in negative equity from the start.............
Ah OK thanks, still crazy.. just not quite as crazy smile
Not to derail the thread, but I was offered one of these (And had it heavily sold to me by an 'independent' financial advisor). I was young and naive.. but I still thought it was a bad idea. Even on promises of huge house price gains that will pay it off for me etc... It was sold on the premise of home improvements to me (Borrow 125% to buy the house and do up the kitchen etc..)

One of life's dodges bullets... luckily we had a scrap of sense about us when we declined it.

RichTT

Original Poster:

3,266 posts

201 months

Tuesday 2nd January 2018
quotequote all
Yeah I wasn't best amused when it all came out what it was she had taken out to get the flat. Worst thing was she worked in a bank at the time!