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Some Legal Advice please

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  • Peterrr
    Peterrr Posts: 96 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    edited 21 January 2024 at 6:44PM
    Annisele said:
    He does not live with the son. He as an agreement he can live there till he dies.
    In that case, it's possible the son will have a capital gains tax liability if he disposes of the house (whether the "disposal" is a sale to an unrelated person, a gift to his father, or something else).
    If it wasn't for the agreement that the father could live in the house until death, I'd say the valuation for CGT purposes was relatively straightforward. But that agreement might complicate things.

    Indeed. On the assumption the son owns a different "primary" residence, then there will definitely be a CGT charge, unless by some miracle the father's former house is worth no more than the low price the son paid for it. 
  • sheramber
    sheramber Posts: 22,589 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 21 January 2024 at 10:50PM
    Peterrr said:
    Annisele said:
    He does not live with the son. He as an agreement he can live there till he dies.
    In that case, it's possible the son will have a capital gains tax liability if he disposes of the house (whether the "disposal" is a sale to an unrelated person, a gift to his father, or something else).
    If it wasn't for the agreement that the father could live in the house until death, I'd say the valuation for CGT purposes was relatively straightforward. But that agreement might complicate things.

    Indeed. On the assumption the son owns a different "primary" residence, then there will definitely be a CGT charge, unless by some miracle the father's former house is worth no more than the low price the son paid for it. 
    It doesn't matter whether the son owns another house or not.

    CGT wii be due as he does not live in the house so it is not his residence.
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