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TonyTax
TonyTax, Tax Consultant
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Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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Property bought in my name with inheritance May 2006 for £161,000

Resolved Question:

Property bought in my name with inheritance May 2006 for £161,000 (including legal fees etc) and rented out whole time. Now wish to sell.
My annual income is £2,760 (pension)
Expect to make profit between £50,000 - £60,000
My husband’s annual income is £24,210
Question 1: Can I legally transfer property into joint names prior to selling to reduce CGT?
Q2 : If so, what percentage if not 50/50
Q3 : if you own a rental property and then sell - is there is an allowance that can be claimed against the capital gain or is this only allowed if I’ve actually lived in property?
Q4 : How much CGT will we have to pay?
Regards
Mrs P Lakonitis
Submitted: 2 years ago.
Category: Tax
Expert:  TonyTax replied 2 years ago.
Hi.

I'm drafting an answer for you now. Plese bear with me while I do some calculations.
Expert:  TonyTax replied 2 years ago.

Hi again.

In answer to your direct questions:

1 There is nothing to stop you putting the property into joint names before you sell it with a view to reducing your overall CGT exposure.

2 You can own the property in whatever proportions you like but you must be able to prove that it is owned in proportions other than 50:50 if that is in fact the case, by completing and submitting to the tax office a form 17.

3 The only allowance you will get will be the annual CGT exemption of £11,000 per part owner. Main residence relief will not be available unless the property has been your main home at some point during your ownership of it. Take a look at HS283 for more information on the main residence and CGT.

4 There are two rates of Capital Gains Tax, 18% and 28%. The rate or combination of rates that you will pay will be dependent on the level of your income in the tax year the property is disposed of.

If you make a gain of £60,000 and the property is in your name alone before you sell it, you will have a taxable gain of £49,000 (£60,000 - £11,000). As your income is completely covered by the personal allowance, all of the basic rate tax band for 2014/15 is available to be used by the capital gain. So, £31,865 will be taxed at 18% (£5,735.70) and £17,135 will be taxed at 28% (£4,797.80). Your total CGT liability will be £10,533.50.

If the property is owned 50:50 before you sell it, you will each make a gain of £30,000. The first £11,000 of your respective shares of the gain will be tax free leaving you each with a net taxable gain of £19,000. All of your gain will be taxed at 18% so your CGT liability will be £3,420.00.

Assuming your husband was born after 5 April 1948, he is entitled to a personal allowance of £10,000 which means he will have £14,210 of his income taxable at 20%. The balance of the basic rate tax band will be £17,655 (£31,865 - £14,210). So, £17,655 of his gain will be taxed at 18% (£3,177.90) with the balance of £1,345 being taxed at 28% (£376.60). His CGT liability will be £3,554.50.

If you own the property equally, you will save £3,559.00 in CGT.

I hope this helps but let me know if you have any further questions.

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