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Capital gains tax on house sale
Comments
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Thanks for help. I suspected as much. I’ll be paying the bill and have kept the money aside.0
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One interpretation of this is that sister sold the property to the op 16 years ago. The price was the remaining amount on the mortgage. I don’t think the fact that the LR was not changed matters, as sister held the property as bare trustee for the op. The mortgage company might have been surprised if they had found out, but they haven’t lost anything, so probably won’t care now.There’s a difficulty in that there should have been a written agreement or better still a deed of trust. Sales of land in this country do need to be in writing.It may be worth investigating, depending upon how much CGT is involved. It may be possible to document this now, explaining what has happened and what the parties agreed 16 years ago, and this may be worthwhile if there’s a lot of tax involved.No reliance should be placed on the above! Absolutely none, do you hear?0
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Good point, although the OPs sister was the legal owner it should not be too difficult to argue that the OP was the beneficial owner and therefore PRR applies so the sale is exempt from CGT. Some professional advice required I think.GDB2222 said:One interpretation of this is that sister sold the property to the op 16 years ago. The price was the remaining amount on the mortgage. I don’t think the fact that the LR was not changed matters, as sister held the property as bare trustee for the op. The mortgage company might have been surprised if they had found out, but they haven’t lost anything, so probably won’t care now.There’s a difficulty in that there should have been a written agreement or better still a deed of trust. Sales of land in this country do need to be in writing.It may be worth investigating, depending upon how much CGT is involved. It may be possible to document this now, explaining what has happened and what the parties agreed 16 years ago, and this may be worthwhile if there’s a lot of tax involved.
https://www.taxinsider.co.uk/legal-v-beneficial-ownership-a-taxing-distinction-ta
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