Capital gains tax on gifted equity in property
Capital gains tax on gifted equity in property
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joshe90

Original Poster:

18 posts

173 months

Monday 9th August 2021
quotequote all
Anyone able to help with this one. I own a property jointly with my brother. It was purchased in 3 names (along with my uncle) in 2009 but in 2016 my uncle gifted his share of the property (33.33%) to myself and my brother equally. Having now sold the property is the capital gain on the difference in purchase price from 2009 to now or does the transfer of equity have any bearing on the capital gain?

Original purchased price in 2009 of £132,750
Sale price in 2021 of £195,000

anonymous-user

83 months

Monday 9th August 2021
quotequote all
Your gain:

1/3 of the increase from 2009 to 2021
Plus
1/6 of the increase from 2016 to 2021.

You can think of it as 1/3 09-16 plus 1/2 16-21 and it comes to the same thing.

joshe90

Original Poster:

18 posts

173 months

Monday 9th August 2021
quotequote all
That makes sense, so would I use the valuation figure from 2016 as obviously there wasn't an actual 'sale' price only a remortgage.

Welshbeef

49,633 posts

227 months

Monday 9th August 2021
quotequote all
BlackWidow13 said:
Your gain:

1/3 of the increase from 2009 to 2021
Plus
1/6 of the increase from 2016 to 2021.

You can think of it as 1/3 09-16 plus 1/2 16-21 and it comes to the same thing.
Um 7 year gifting rule applies here - it needed to be valued on the date of the gifting.

First 3years it’s 40%
Then it drops in the % down to 0% by year 7 - but unless uncle dies then even after the property is sold the cash /asset then nada to pay.

Now the actual gain from gift to sale clearly that is then liable to CGT

anonymous-user

83 months

Monday 9th August 2021
quotequote all
Welshbeef said:
Um 7 year gifting rule applies here - it needed to be valued on the date of the gifting.

First 3years it’s 40%
Then it drops in the % down to 0% by year 7 - but unless uncle dies then even after the property is sold the cash /asset then nada to pay.

Now the actual gain from gift to sale clearly that is then liable to CGT
Read the first post again.

The OP is asking how his changing share in an asset affect his CGT liability.

He isn’t asking about potential IHT on his uncle’s estate.