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bigduckontax
bigduckontax, Accountant
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How much can l allow tax free gain on my buy-to-let flat

Resolved Question:

How much can l allow tax free gain on my buy-to-let flat bought in 1988. It was our main residence for 3 years - 1992 to 1995. If we sell today our capital gain is about GBP 300k.
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 help you with your question.

Your ownership time is 28 years. Your let period is 23.5 years as you are deemed to be in residence for the last 18 months of ownership even if this is not the case. 23.5 / 28 is say 84% of the gain taxable, say 252K. Now knock off your non cumulative Annual Exempt Amount (AEA) of 11.1K and Lettings Relief (LR) 40K leaves say 201K exposed to Capital Gains Tax (CGT) which is levied at 18% or 28% or a combination of the two rates depending on your income including the gain in the tax year of sale.

You have said 'our.' If it is jointly owned then each of you will be liable for half of the gain and each of you can deduct AEA and LR. Worst case scenario is a tax bill of a tad under 21K each.

I do hope that you have found my reply of assistance.

Customer: replied 1 year ago.
Keith:
Thanks for clear and easy to understand reply.
Yes, my wife and I own the flat.
Do we each get LR of 40k ?
Say if I transfer the flat to my 3 grad daughters aged 8, 6, and 3 and do we pay CGT now?Additional Information for asking above questions.
My ultimate objective is to reduce our estate to 630k. If we do not do anything now we could potentially have estate of 1.5m when we both die. So, if we reduce our stake in the flat and pay CGT instead of IHT to be more tax efficient.
Expert:  bigduckontax replied 1 year ago.

I would advise you to read the article from Inheritance Solutions UK which you can find here:

http://www.inheritancesolutions.co.uk/articles/is-it-wise-to-transfer-my-house-to-my-children.html

It provides a good summary of the pitfalls.

Remember, the rules on Inheritance Tax (IHT) are changing and the family home left to children tax free rises progressively up to one million from 2017 to 2020. A short term reducing life insurance policy could protect your position.

bigduckontax and other Tax Specialists are ready to help you
Expert:  bigduckontax replied 1 year ago.

Thank you for your support.