We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

The more I pay for a House the Less CGT I Pay

Options
Hello All
I understand that if I buy a property within a year of my sale of the old one that I can defer CGT and the more I pay for a property, the less CGT I pay. It seems crazy so here are the details.
Bought 1994 for £39,000. sold 2019 for £440,000 due to a fire and the freeholders not re-instating (apparently this fire element is tax relevant. (sec 23 TCGA 1992 which is beyond me).
Have I got this right?
Greetings

Comments

  • lincroft1710
    lincroft1710 Posts: 18,882 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Was this property at any time your sole or main residence?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 24 October 2019 at 2:38PM
    photoman4 wrote: »
    Hello All
    I understand that if I buy a property within a year of my sale of the old one that I can defer CGT and the more I pay for a property, the less CGT I pay. It seems crazy so here are the details.
    Have I got this right?
    not that part, no

    you "roll over" the original purchase price on to the replacement asset
    so if the replacement cost more than 440k, your purchase price of that asset for future CGT purposes is the original cost of 39k because the disposal of the property is treated on a no gain no loss basis

    if the replacement costs less than 440k, that is where you have to make different allowance as explained in the legislation


    off hand I am unsure if the legislation you reference applies to residential property or only to "business" assets because pure rollover relief itself is certainly not available to residential property
  • Thanks for your reply, no it was only for letting.
  • Thanks both of you I have some reading to do
  • I am still trying! I think (only think) that the answer lies in sec 23 (4) and (5) of the TCGA 1992.
    Where a conditional contract is agreed, ( ie I buy a property) I benefit from a "roll over" or "deferral".
    Any clarification would be so much appreciated.

    Regards
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    photoman4 wrote: »
    I am still trying! I think (only think) that the answer lies in sec 23 (4) and (5) of the TCGA 1992.
    Where a conditional contract is agreed, ( ie I buy a property) I benefit from a "roll over" or "deferral".
    Any clarification would be so much appreciated.

    Regards
    instead of exploring wild tangents please confirm what the property is!! The fact it was let tells us nothing beyond affirming CGT is liable.


    commercial use? (warehouse, office, shop etc)
    or
    mixed use? (pub)
    or
    100% residential use?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.