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CGT and PRR

I am inheriting a house which i plan to get planning permission for another property in the garden.

Q1 Can and how can i qualify for primary residence relief so to avoid CGT? 
Q2. Do i need to move in for months or years? 
Q3. Can i sell the propery quickly or have to wait months after probate and inheriting the house?

Comments

  • RAS
    RAS Posts: 36,242 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Not exactly clear what you are aiming to do here. Are you the sole beneficiary?

    There's nothing to stop the estate selling the property without transferring it to you. There could be a CGT liability if it has increased in value since probate.

    Or you could delay (expect CT and insurance issues if you are not resident and possible CGT after sale), get PP, split the deeds, and register the new plot, before selling the house and remaining plot. 

    I'd be inclined to move into the old house whilst you await PP.
    If you've have not made a mistake, you've made nothing
  • Keep_pedalling
    Keep_pedalling Posts: 21,931 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    If the plan is to move into the existing property, build a new house in the garden then move into the new house and selling the existing one then you can probably avoid CGT. 

    If the plan is to sell the new one or sell both of them you are going to have a tax liability although it might be income tax rather than CGT. Professional advice should be taken before you embark on any such scheme.


  • poseidon1
    poseidon1 Posts: 2,131 Forumite
    1,000 Posts Second Anniversary Name Dropper
    OP this is the only thread you have originated yourself but your backstory which I believe to be relevant is embedded in various other  threads over the years. I attach below your first submission 10 years ago  before the death of your parents -

    https://forums.moneysavingexpert.com/discussion/comment/68709120#Comment_68709120

    What immediately appears  to be relevant is that the property seems to be situated in Scotland, so the Scottish tax regime and associated rules are in point?

    Also relevant that you have a sister, so was the agreement that she inherited other assets so that this property is now yours in its entirety? You were originally based overseas and not UK resident is that still case?

    In any event, there seems to be sufficient complexity to your background circumstances to justify you seeking targeted advice from an appropriate tax specialist, especially if there is a Scottish element.
  • user1977
    user1977 Posts: 18,759 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    poseidon1 said:

    What immediately appears  to be relevant is that the property seems to be situated in Scotland, so the Scottish tax regime and associated rules are in point?

    There aren't any devolved aspects to CGT if that's the only tax in question.
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