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Capital gains tax on property help!! please

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We have a second property in this country for sale which is our holiday home,we have rented it to a few people per year at a week at a time to cover a few costs.
The house is in joint names,and we have owned it about six years. I do not work and so don`t pay tax etc.(lucky me) Question is when house sells who lets who know about gain approx £60000 and would i be better off putting the house in my name only.
Any other ways to cut down or avoid would be greatfully received.
Hope you can help this first time poster.! Thanks
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Comments

  • sneekymum
    sneekymum Posts: 4,782 Forumite
    When the house is sold you need to declare it on a tax return. I would guess that keeping it in joint names - two people declaring it on a two tax returns with £8,500 personal C.G.T. allowance each, would be better than one.

    To work out the C.G.T deduct the purshase price, and purchase costs (stamp duty, solicitors & surveyors fees and anything else you've got a receipt for to do with the purchase) and the sale costs (same sort of stuff plus estate agent & advertising fees) from the profit. You can also deduct anything else spent on improving the property - but not ordinary maintenance costs. (Don't you wish you'd kept your receipts?)

    Then using Taper Relief only 80% of the gain will be chargable (after 6 years). Presumably at half each (I'm guessing that 'joint' means two of you) & taxed at 20% for amounts over £8,500.

    You want further reductions?

    Capital losses - have you (or 'joint' owner) any of these? Going back as far as you like. As long as you've got proof. If occuring before March 1998 these can be made even greater by indexing against the Retail Prices Index (talk to an accountant). Capital Losses (from anytime ago) can be offset against gains. You must have lost money on shares at sometime - bet you didn't keep the paperwork...

    Main Home - if, at any time, Second Property has been your main home then that time would qualify for "private residence relief" (i.e. tax free) and also the final three years. So if one of the 'joint' owner originally lived there then they should probably be the one(s) selling it -

    But - if you are not married to 'joint' (or a registered civil partner) there'll be C.G.T. to pay on any profit when names are altered on deeds to put it into one name. (Gifts between spouses being tax free).

    In all, if you really know nothing about tax, it would probably pay to get an accountant to do your tax return. But check first that they're really keen to reduce your tax bill. (We pay far less tax since I ditched the accountant) (Legally too).
    still raining
  • suethedriver
    suethedriver Posts: 146 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for that, you have explained it fairly clearly.
    I have never filled in a tax return before,as i haven`t worked for years and don`t intend to.Will my solicitor (selling property) inform the tax people to send a tax return or do i need an accountant ?
    PS .Luckily i have all my receipts from the renovation.
  • sneekymum
    sneekymum Posts: 4,782 Forumite
    You are responsible for getting a tax return - if you haven't sold the property yet you need not declare it until after the end of the tax year.

    You don't have to have an accountant if you've got the time & interest to sort it out yourself - there are many simple books which will help - The Daily Mail 2005-6 Tax Guide gives you all the tips you need and has examples of how to fill in the form. You may even find how to save tax in other areas of your life.
    still raining
  • Cook_County
    Cook_County Posts: 3,092 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I suggest that you also check the special rules for furnished holiday lettings to see if your circumstances fit as these would give you business asset taper relief.

    You should also have filed tax returns to report income and expenses if you made a profit. These would demonstrate to HMRC that the house was indeed a qualifying property.
  • sneekymum
    sneekymum Posts: 4,782 Forumite
    More tax savings...

    You say you don't work - but if you are under 75 and a higher rate tax payer & if you have income other than from investments e.g. rent - then you may be able to make a pension contribution to reduce you into the 20% CGT bracket.

    (My mother just saved over £20K on CGT alone by this move...)
    still raining
  • deepee_2
    deepee_2 Posts: 111 Forumite
    Woud adding couple of children (Gifts) before selling it not give addiational 15,000 Capital Gain Taxt exemptions.
  • sneekymum
    sneekymum Posts: 4,782 Forumite
    No - I think gifts of property would trigger a Capital Gains Tax payment in themselves - even without a sale. We looked into putting some rented property of my mother's into my name (+ my sisters) to count as a PET (exempt from Inheritance Tax after 7 years) but found that my mother would need to get the money from somewhere to pay tax as if she'd sold it to us at the market rate.

    So adding a couple of children, as you say, would have been a good idea when it was first bought - before it had made any capital gains.
    still raining
  • Cook_County
    Cook_County Posts: 3,092 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    if the residence was your home or you elected it be to your main residence than the gain over the last 3 years is exempt. you should take advice from a tax adviser who has used this strategy before as it is risky and you need a tax adviser you can sue if it goes wrong! the potential savings are quite high in this case (the tax advisers fees will be a tiny fraction of the lawyers or estate agents fees on sale)
  • suethedriver
    suethedriver Posts: 146 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for the added info. More to think about.
    I`ve got plenty of time though as Scottish estate agents work at snails pace!
  • deepee_2
    deepee_2 Posts: 111 Forumite
    if the residence was your home or you elected it be to your main residence than the gain over the last 3 years is exempt. you should take advice from a tax adviser who has used this strategy before as it is risky and you need a tax adviser you can sue if it goes wrong! the potential savings are quite high in this case (the tax advisers fees will be a tiny fraction of the lawyers or estate agents fees on sale)

    Do you get the Exception for the appreciation of last three years? even if you have stayed few months? any minimum? do you have to register with IR before you move in or can you just report it on Return?
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