Capital Gains Tax query on selling a second home in Ireland
Capital Gains Tax query on selling a second home in Ireland
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gf15

Original Poster:

1,038 posts

296 months

Friday 26th January 2018
quotequote all
Hi All
Need some wisdom, so immediately thought “Pistonheads”. biggrin
About 1997, our family home in Southern Ireland had to be sold, which would have left my Dad homeless. The 4 kids bought the house with a mortgage, so our Dad could live there. We cleared the mortgage about 5 years ago. Roll forward 20 years to now, Dad can no longer cope on his own so needs to go into a home. All of us have our own family homes.
We are now left with an empty house. As three of us live in the UK and one in Ireland, in due course we will sell the house but are in no hurry to sell. Some very rough figures would suggest the difference between the purchase price and current value would be about €120k, so call it €30k each.
We were a little surprised to find that we will / may be liable for Capital Gains Tax. We wanted to do the right thing and looks like we will taxed to hell for it.
Any advice on the most effective way to minimize our CGT bill please (for my brother in Ireland and the remainder in the UK)?
Happy to chuck money into pensions / invest for kids / ISA's / whatever is CGT efficient.
Thank you,


Edited by gf15 on Saturday 27th January 08:59

Eric Mc

125,694 posts

295 months

Friday 26th January 2018
quotequote all
What part of Ireland (i.e Irish Republic or Northern Ireland)?

In a away it's academic.

You own an asset.

You are a UK tax resident.

You sell the asset

You make a profit/gain

You may have a UK Capital Gains Tax liability.

If the property is owned by a group of people, the gain is split between the owners and each owner has their own CGT Annual Allowance, so each individual may not have much (if any) tax to pay.

av185

20,464 posts

157 months

Friday 26th January 2018
quotequote all
Might be worth exploring whether your father had the right to a life interest in possession in the property which could potentially limit your CGT liability.

Just a thought.


STattam

119 posts

247 months

Tuesday 6th February 2018
quotequote all
There is a verbal trust here. S53 Law of Property Act 1925. You have collectively held as trustees for his benefit by the sound of it. If that is the case providing this is evidenced in writing prior to dads death or disposal (whichever the sooner) then main residence relief for dad could apply.

Hope that helps.

Spence