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CGT on flat sale

Hi all,
My wife and I bought a flat 3 years ago and have rented it out since. We have now put it up for sale and know I will have to pay CGT.
It was bought in both names but only I have been dealing with yearly tax return and paying all the tax that was due.
Is it possible now to split the liability so we can both claim the £11100
allowance ?
Thanks

Comments

  • purdyoaten
    purdyoaten Posts: 1,159 Forumite
    The flat is in joint names which means that both should have prepared tax returns. declaring half of the income each to HMRC.

    With regard to CGT, you have no option other than to 'split' as you say - what you should have done with the income! You each have your annual exemption
    There are 10 types of people in the world - those who understand binary and those who do not. :doh:
  • As the amounts were relatively small it was easier just to claim on one.
    So if I split and claim both allowances after the sale will HMRC think its a bit strange and investigate or will they just be happy that tax had been paid.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    RPCtech wrote: »
    As the amounts were relatively small it was easier just to claim on one.
    So if I split and claim both allowances after the sale will HMRC think its a bit strange and investigate or will they just be happy that tax had been paid.

    assuming the property is register at the land registry in both names then you have no choice but to declare the capital gains separately for each of you: half the gains each
  • So the question now is should I contact HMRC and tell them that I should have done the returns 50:50 and that I made a mistake or just fill the next return 50:50 and see what they say.
    I imagine they won't take too kindly to either.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    RPCtech wrote: »
    So the question now is should I contact HMRC and tell them that I should have done the returns 50:50 and that I made a mistake or just fill the next return 50:50 and see what they say.
    I imagine they won't take too kindly to either.

    I don't really know how HMRC will react

    but in this case doing the right thing is to your financial advantage
    and HMRC have presumably actually gathered the correct tax for the rental?
  • zygurat789
    zygurat789 Posts: 4,263 Forumite
    Part of the Furniture Combo Breaker
    CLAPTON wrote: »
    I don't really know how HMRC will react

    but in this case doing the right thing is to your financial advantage
    and HMRC have presumably actually gathered the correct tax for the rental?

    Doesn't failure to register for self assessment and failure to submit returns bring with them penalties and interest?
    The only thing that is constant is change.
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