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jools

My father passed away 15 years ago, and just recently my mother has passed on too. My brother and I have gone through her papers and found that 15 years ago, she put my brother and I on the deeds. We just want to know what kind of tax will we need to pay, would it be gifted tax or any capital gains tax. The property was only ours from the year 2000, we had been told lots of different things, but was wondering if anyone had experienced this and which tax category would it come under, ineritance, capital gains, gifted etc., We have been told that we will only have to pay capital gains tax from the date it was ours and how much it had gone up in value since then. Thank you
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  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you both own other houses in your own right
    How much is your mthers house worth and has she left her portion of
    the house to you both.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    My father passed away 15 years ago, and just recently my mother has passed on too. My brother and I have gone through her papers and found that 15 years ago, she put my brother and I on the deeds. We just want to know what kind of tax will we need to pay, would it be gifted tax or any capital gains tax. The property was only ours from the year 2000, we had been told lots of different things, but was wondering if anyone had experienced this and which tax category would it come under, ineritance, capital gains, gifted etc., We have been told that we will only have to pay capital gains tax from the date it was ours and how much it had gone up in value since then. Thank you

    how much is your mother's estate worth?
    did your father leave everything to your mother?
    whose names were on the title deeds since 2000?
    who has lived in the house since 2000?
    what was the approximate value of the house in 2000?
    what is the value of the house now?
  • mgdavid
    mgdavid Posts: 6,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    did either your father or mother write a will?
    The questions that get the best answers are the questions that give most detail....
  • Estate is worth £250,000
    Everything was left to my mum when my dad passed away.
    My parents names were on the title deeds before they were transferred over into our names.
    My mum was living on her own in the house until she passed away this year.
    The house has increased by 100,000 since 2000.
    My parents did not write a will
    We both have our own homes that we live in.
    My brother has his own home and a house in rents out.

    Hope this is of some help. Any advice appreciated. Thank you.
  • Savvy_Sue
    Savvy_Sue Posts: 47,435 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK, by the sound of it your mother's estate is below the limit for inheritance tax.

    Capital Gains Tax will be due when you sell the house. How much is a slightly complicated sum which can't currently be answered as you haven't yet answered the question "who has lived in the house since 2000?"

    Whether or not you intend to sell the house quickly, you need to establish two values:

    a) when the was transferred into your names (there are online sites which will help you do this, or a valuer would be able to advise on historic values) - this will be needed for CGT purposes when you sell

    AND b) a value at the date of your Mum's death - for IHT purposes, even though you believe the estate will be below the threshold.
    Signature removed for peace of mind
  • saintalan
    saintalan Posts: 562 Forumite
    Part of the Furniture Combo Breaker
    Savvy_Sue wrote: »
    ...you haven't yet answered the question "who has lived in the house since 2000?" ...

    From jools818181
    "My mum was living on her own in the house until she passed away this year."
  • Savvy_Sue
    Savvy_Sue Posts: 47,435 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    saintalan wrote: »
    From jools818181
    "My mum was living on her own in the house until she passed away this year."
    Sorry if I'm being picky or stoopid, it just wasn't entirely clear to me that that covered the entire 15 year period from Dad's death. I see now it probably did, but wanted to rule out the possibility that either of both of the beneficiaries had lived in it with mum for any period.
    Signature removed for peace of mind
  • So will I need to pay two different types of tax when it is sold and will the tax be the same for both of us, because my brother is self employed
  • xylophone
    xylophone Posts: 45,693 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    two different types of tax

    You have stated that the value of your late mother's estate is below the IHT threshold so you (and your brother) are only looking at CGT.

    You each have a CGT allowance - see https://www.gov.uk/capital-gains-tax/overview

    You/the executor still need to complete the necessary forms in order to obtain Probate.

    https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    Estate is worth £250,000
    Everything was left to my mum when my dad passed away.
    My parents names were on the title deeds before they were transferred over into our names.
    My mum was living on her own in the house until she passed away this year.
    The house has increased by 100,000 since 2000.
    My parents did not write a will
    We both have our own homes that we live in.
    My brother has his own home and a house in rents out.

    Hope this is of some help. Any advice appreciated. Thank you.

    when you say that your mother's estate is 250,000 I assume you are NOT including the value of the house.

    What is the current value of the house?
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