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CGT when selling a home co-own with mum

Asking for my friend

1. Property A in Hong Kong, bought in 2020;  friend held 40%, her mum held 60%; friend and mum and brother lives there
2. In 2015, friend got married and move in to husband own property (B) in Hong Kong;  mum and brother still lives in Property A till now
3. They have relocated to England - London recently for work.

Could she claim private residence relief on property A and property B when selling?

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 13 February 2022 at 3:01PM
    You can only have one main residence but you've said she was living in both A and B?
    Which is it?
  • There's no capital gains tax in Hong Kong.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    There's no capital gains tax in Hong Kong.
    Good point :)
  • badger09
    badger09 Posts: 11,814 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 February 2022 at 4:24PM
    However, if UK resident (for tax purposes) when property is sold,  'friend' liable for UK CGT. 
    But see here re Domicile

    https://www.gov.uk/tax-sell-property/selling-overseas-property#:~:text=You pay Capital Gains Tax,re resident in the UK.&text=You may also have to,be able to claim relief.

    PS 'friend' must have very deep pockets ;)
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    There's no capital gains tax in Hong Kong.
    Does UK CGT apply if she is a UK citizen or tax payer?
  • J41721
    J41721 Posts: 59 Forumite
    10 Posts
    Apology, my mistake property A is brought in 2010

    At that time, property is still affordable ... good old dates

    The irony of affordable homes ...
  • sheramber
    sheramber Posts: 24,500 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Who is 'they' , who have relocated? Mum and brother or mum, brother, friend and husband?

    Does friend own  property B  with husband or is it only his?


  • J41721
    J41721 Posts: 59 Forumite
    10 Posts
    sheramber said:
    Who is 'they' , who have relocated? Mum and brother or mum, brother, friend and husband?

    Does friend own  property B  with husband or is it only his?


    Friend and husband moved to London

    Property B husband bought like in 2000s and lived there, only husband own
  • J41721
    J41721 Posts: 59 Forumite
    10 Posts
    Retype the cases 

    1. Property A in Hong Kong, bought in 2010;  friend held 40%, her mum held 60%; friend and mum and brother lives there
    2. In 2015, friend got married and move in to husband own property (B) in Hong Kong; Property B bought in 2000s by husband B and have been living there since then
    3. mum and brother still lives in Property A 
    4. Friend and hubby have relocated to England - London recently for work.

    Could she claim private residence relief on property A and property B when selling?
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    J41721 said:
    Retype the cases 

    1. Property A in Hong Kong, bought in 2010;  friend held 40%, her mum held 60%; friend and mum and brother lives there
    2. In 2015, friend got married and move in to husband own property (B) in Hong Kong; Property B bought in 2000s by husband B and have been living there since then
    3. mum and brother still lives in Property A 
    4. Friend and hubby have relocated to England - London recently for work.

    Could she claim private residence relief on property A and property B when selling?

    If the properties were in the UK
    property A - she could claim relief for the proportion of time she lived there 2010-2015.  Is her share being sold?
    property B - her husband owns it and would be the one selling so she would not have CGT liability but he might.  Did he live in it all the time he owned it?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
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