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TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15976
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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I purchased a property in July 2014 for £275 000.00 for

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I purchased a property in July 2014 for £275 000.00 for my parents to live in. It was purchased in my sole name and there is no lender involved and no rent was charged. Due to changing health circumstances, I am selling the property. A buyer was found quicker than expected for the agreed price of £350 000.00. This leaves me with a capital gain of £75 000.00.
To reduce my capital gains tax bill, can I gift half the property to my wife before I complete the sale?
Would a Declaration of Trust need to be drawn up?
Would this need to be registered at the Land Registry?
Would this be classed as a linked transaction for Stamp Duty?
And is there anything else I need to consider?
Hi. You can gift half the property to your wife. You would need to put the property into joint names before you exchange contracts to sell the property as that date is the effective date of sale for CGT purposes. As it can take some time for a name to be put on the title deeds, a deed of trust to record the joint ownership would be a good idea so long as it is witnessed and dated. The deed of trust won't be registered with Land Registry as you can read here but given that the two parties are you and your wife I see no need for a restriction be registered with Land Registry. The gift to your wife would not be a linked transaction for SDLT purposes. Look here for information on linked transactions. In your case, there is no cash or mortgage involved. If there was, an SDLT charge might have occurred. You need to make sure that whilst the two of you will get a CGT exemption to use against your respective shares of the gain, that you won't pay more CGT overall. The rate or combination of CGT rates that you will each pay will be dependent on your respective incomes in the tax year you dispose of the property. I hope this helps but let me know if you have any further questions.
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Customer: replied 1 year ago.
You say we have to put the property in joint names before the exchange of contracts. So by completing a deed of trust to record the joint ownership, would this be classed as the property being in joint names and be sufficient for a solicitor to complete the exchange of contracts?
Yes, it would.