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bigduckontax, Accountant
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Himy 78 yo mother signed over a house to me in 2006 and

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Hi
my 78 yo mother signed over a house to me in 2006 and did not live in it afterwards. However she kept on paying council tax on the property. I was told by a council worker i could not have my name on my own home and the one she had signed over to me (ie 2 homes). Although I tried to pay some of the bills (water, tv and phone) I could not cover the price of them all and where i was living, so she also kept paying the gas and electric. Is this likely to cause a problem anywhere down the line and what should be done?
Her primary home is another property but the council have followed up her up and seems to think she is living at the one she signed over to me with my sister. They want my mother to pay full council tax which is not a problem although my sister is the one who mainly lives there. my sister does not pay any bills at the property as she had been paying for the ones at my mothers primary residence. The primary residence is a business that my sister was running and the bills were higher. I hope this is clear???
basically although all her medical, bank letters, hmrc letters go to her primary residence, she pays council tax on the one she signed over to me.
Does she have to officially nominate her primary residence now as she is now thinking of signing that over to her family so that she can then move into the home she signed over to me.
thanks!
Submitted: 1 year ago.
Category: Tax
Expert:  bigduckontax replied 1 year ago.
Hello, I am Keith, one of the experts on Just Answer, and pleased to be able to assist you with your question. It really does not matter who pays the Council Tax providing it is paid by someone. The council worker to whom you spoke appears to have a very limited understanding of the tax. I wouldn't worry in the slightest to whom the demands are sent providing the amounts due are paid. I do hope that I have been able to set your mind at rest on this matter.
bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3106
Experience: FCCA FCMA CGMA ACIS
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Expert:  bigduckontax replied 1 year ago.
Thank you for your support.
Customer: replied 1 year ago.

my mother now only has one home she owns. this is a home with a business attached. if she doesn't live there, would she be subject to capital gains tax should she want to sell it?

Expert:  bigduckontax replied 1 year ago.
Certainly for the business part, yes.
For the residential part she could try the argument that it is her sole or main domestic residence that CGT does not apply. Note the 'or' not 'and' although HMRC like to interpret the position as 'sole and.' It's worth a try. The Inland Revenue as it was then had to hurriedly withdraw in a number of cases in the 70s when this distinction was pointed out to the authorities.

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