CGT on mother in laws house

John_Pierpoint

Do the 1988 contingent still qualify? My house occupied by my mum did 5 years ago, when she died.

00ec25

since you are a non tax payer and therefore leaving us tax payers to contribute to society ourselves I think the least you can do is pay for professional advice

your starting point is below, which deals with transfers between spouses where one is non resident for tax purposes

http://www.hmrc.gov.uk/manuals/cg1manual/CG22300.htm

ceeforcat

Yes John - it still does. When I said abolished, I meant that one could no longer claim for private residence relief for a dependant relative where they first occupied the house after that date - if that makes sense.

From the manuals:

A private residence occupied by a dependent relative before 6th April 1988 may qualify for private residence relief for capital gains tax purposes. Guidance on the relief can be found in the Capital Gains manual at CG65550 onwards.

00ec25

DimSum wrote: »

Miaow.
So you'd prefer the op to pay income tax twice then instead?

read the question, this has nothing to do with Income Tax

the OP asked how his UK tax liable spouse can evade paying a UK capital tax by transferring the ownership to the non resident overseas spouse. The answer is in the manual link I posted, but to do this without incurring the risks clearly identified by ceeforcat, it would be advisable to pay for professional advice rather than expect UK tax payers to give it for free via this forum and thus increase our own tax burden to make up for his evasion

John_Pierpoint

ceeforcat wrote: »

Yes John - it still does. .

Many thanks. It is good to know that some of the people who "provided" a home for their parent(s) in the 70's & 80's can still currently look forward to a reward for doing so.

http://www.hmrc.gov.uk/manuals/cg4manual/cg65550.htm

TBC15

Many thanks for the link 00ec25. It would appear to me that what I propose, wife transfers house to me I sell and avoid CGT, is classified as avoidance by HMRC and perfectly legal.....unless I'm missing something.