CGT query, 2nd home seperation

gymfantic

Situation is : my husband me and kids lived in our house, me and husband seperated he brought his own home i stayed in my home. About 7 months later we got back together which resulted him selling his place. We then sold my home and brought another and got back together.

Hmrc have told me no CGT payable on my house i sold.
They are querying his home he sold, but he lived there.

Reason this has all come about is that they opened an enquiry in tax year ending 2015 which they found nothing now they are referring to this property from 2013 but have not opened any enquiry . whats the legal situation here .

Can you advise please as i have been on HMrc website and its not crystal clear at all and would like some opinions.
Thanks for your help

booksurr

based on what you say, the separation for 7 months was not "permanent" and therefore does not meet the rule regarding him having his own main residence pre there being legal evidence of the breakdown of the marriage, ie a divorce.

as such HMRC is arguing that his main residence remained the marital home

clearly to overturn that view you will need a good argument. Start by reading this, paying attention to the section on "What counts as ‘living together’"
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/323663/hs281.pdf

[Deleted User]

booksurr wrote: »

as there is already an enquiry "you" should consider getting professional advice, not relying on free internet comments

based on what you say, the separation for 7 months was not "permanent" and therefore does not meet the rule regarding him having his own main residence pre there being legal evidence of the breakdown of the marriage, ie a divorce.

as such HMRC is arguing that his main residence remained the marital home

clearly to overturn that view you will need a good argument. Start by reading this, paying attention to the section on "What counts as ‘living together’"
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/323663/hs281.pdf

I don't know about you but I am totally confused over:

my husband me and kids lived in our house

We then sold my home

Hmrc have told me no CGT payable on my house i sold

We need to know in whose name was the matrimonial home before and during separation.

Let's face it - if hubby only ever owned one home - the house that he moved to after separation, and lived in it - there is no real issue re CGT.

CLAPTON

[Deleted User] wrote:

I don't know about you but I am totally confused over:

my husband me and kids lived in our house

We then sold my home

Hmrc have told me no CGT payable on my house i sold

We need to know in whose name was the matrimonial home before and during separation.

Let's face it - if hubby only ever owned one home - the house that he moved to after separation, and lived in it - there is no real issue re CGT.

a married couple can only have on primary residential property at any one time

[Deleted User]

CLAPTON wrote: »

a married couple can only have on primary residential property at any one time

Yes - I a just not sure, from the post, whether the matrimonial home was

a) always in joint names
b) always in the name of the op
c) transferred to the sole name of the op after separation

CLAPTON

[Deleted User] wrote:

Yes - I a just not sure, from the post, whether the matrimonial home was

a) always in joint names
b) always in the name of the op
c) transferred to the sole name of the op after separation

I'm not sure ownership is relevant : married couples can have only one primary residence at a time (i.e. both have the same and only same residence) of which at least one own the property

[Deleted User]

CLAPTON wrote: »

I'm not sure ownership is relevant : married couples can have only one primary residence at a time (i.e. both have the same and only same residence) of which at least one own the property

Not sure that you are correct on that one - which would be a first!

http://www.chroniclelive.co.uk/special-features/what-tax-implications-marriage-separation-10051008

Point 4

CLAPTON

[Deleted User] wrote:

Not sure that you are correct on that one - which would be a first!

http://www.chroniclelive.co.uk/special-features/what-tax-implications-marriage-separation-10051008

Point 4

yes, I was not being very precise : if HMRC accept that they were in fact, separated, then the issue of each having their own PRR is appropriate.

[Deleted User]

CLAPTON wrote: »

yes, I was not being very precise : if HMRC accept that they were in fact, separated, then the issue of each having their own PRR is appropriate.

Brings me back to my my days in HMRC when staff had to contact each partner to determine exactly how they were 'separated'. Horrific!