PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
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!

CGT for selling half share in inherited property to sibling

Options
2»

Comments

  • Bookworm105
    Bookworm105 Posts: 2,016 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 1 February at 8:46PM
    clod said:
    Thank you all for the advice, this is exactly what I was wanting to find out.

    So what I'm understanding from this (and if anyone can confirm?) is that, CGT will be due within 60 days of my brother taking ownership, regardless of if any money has actually changed hands at this point and, the amount due will be based on the current value minus the 2007 value (which can be challenged), regardless of what we actually decide on price between us?

    as your OP mentions use of a conveyancer then there will presumably be at least something in writing between you and sibling, probably a formal contract. The 60 days will start from the point that contract goes "unconditional" (the date the contract is "made")  that sets the formal "disposal date".

    - if the contract is written such that ownership transfers on (or before) full payment, then disposal date is the date of the contract (not the date the conveyancing completes or money physically changes hands)
    - if contract requires consideration to be given (money to you) and received (ownership to him) on different dates then that may muddy the water as the contract is then "conditional" and is not "made" until the conditions are met 

    CG14250 - Computation: Computation: date of disposal: importance and how to determine the date of disposal - HMRC internal manual - GOV.UK
  • silvercar
    silvercar Posts: 49,513 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    CGT is based on market value rather than the amount paid when selling to a connected person. 
    The market value of half a property is less than half the value of a property. Then factor in the fact that it’s occupied.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Bookworm105
    Bookworm105 Posts: 2,016 Forumite
    1,000 Posts First Anniversary Name Dropper
    silvercar said:
    CGT is based on market value rather than the amount paid when selling to a connected person. 
    The market value of half a property is less than half the value of a property. Then factor in the fact that it’s occupied.
    as already mentioned 
  • clod
    clod Posts: 8 Forumite
    Part of the Furniture First Post Combo Breaker
    Thank you for clarifying this, I am probably a bit naive thinking i would only have to pay CGT on what I actually recieved as a gain - from this, it sounds like even if I decided to give my brother my half without any payment, I would still have to pay CGT on the value that could have been gained?

    Probably going to talk to a solicitor/advisor see what our best options are, there's nothing urgent that is relying on the sale & it may be we keep things as is, & my family will inherit my half in the long run anyway.

    Thank you all for this information!

  • Bookworm105
    Bookworm105 Posts: 2,016 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 2 February at 11:21PM
    clod said:
    Thank you for clarifying this, I am probably a bit naive thinking i would only have to pay CGT on what I actually recieved as a gain - from this, it sounds like even if I decided to give my brother my half without any payment, I would still have to pay CGT on the value that could have been gained?


    yes and for the obvious reason that were it not so for connected persons it would be simple to manipulate the tax bill by selling cheap or, as you say, giving it away for "free"

    in contrast you won't sell cheap to a stranger 
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
  • 598.7K 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.