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Inheritance - Property Disposal - Capital Gains - Private residence relief

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  • Inheritance - Property Disposal - Capital Gains - Private residence relief

    Hi all - firstly it's been a while since i was here - last time your amazing support helped me get a set aside for an unknown CCJ, and very much enjoyed the day in court against the ill-prepared rep of the financial institution.

    I now have another area I might need a bit of outline advice - as I've done quite a bit of researching, and currently not coming up with a fairly clear answer. (And I understand this is a forum with views and opinions - but it may be that someone has experienced something similar, so it's very much worth asking!)

    * Mum passed away in 2019.

    * I moved into the family home after living overseas for a few years - again in 2019 - to support my dad to help him get back on his feet.

    * He rewrote his will in 2020 to exclude my sister due to the fact she'd 'borrowed' a substantial amount of money, and failed to pay it back. (Not relevant - but useful background info)

    * Instead of him getting back on his feet, it ultimately ended up that I became his carer, and he too passed in 2021.

    * Probate was eventually granted after some blockages by a sibling that had been excluded from the will, although these blockages are now resolved.

    * The house is currently 'under offer' and sold subject to contract.

    * Due to the delay from the initial property valuations after my dad's passing and today - the property value has increased.

    * When the house is sold (excluding the residuary estate) my sister will receive 25% of the value - and I will receive 75% of the value.

    * The difference in price from initial valuation to current sales price is about £70k. 75% of that £70k (my share) is around £52k - which if capital gains tax applies would be around £10k.

    * From 2019 to the current day the property has been my main and only residence.

    * I don't own any other property anywhere in the world

    From the above info (and happy to supply additional info if it helps) - would the board experts be able to share a view on whether as the property was my main residence prior to my dad passing, and has been ever since, that there may be a case for 'Private residence relief' so that I don't have to pay capital gains tax? The inheritance will be used to purchase my onward primary residence.

    The gov.uk website doesn't really cover the above as an example:

    https://www.gov.uk/government/public...ce-relief-2020

    And the only other info that looks remotely close is this one which does mention inheriting 75%:

    https://library.croneri.co.uk/cch_uk/etc/15535

    I'd welcome replies from anyone that might be able to point me in the right direction, share a view, or have real-world experience they'd be kind enough to share? Thanks in advance.







    Tags: None

  • #2
    Wait for one of the more experienced to answer,

    But in the 90s, as long as you lived in the property for a month you could nominate it as your private residence. It looks still the same but i have only basic understanding of the rules in the 90s, nothing recent.

    https://www.gov.uk/tax-property-mone...herit/property

    quote " Selling the property

    You do not pay Capital Gains Tax when you sell your home. You will pay it if you make a profit when you sell a property that is not your main home.

    If inheriting a property means you own 2 properties, you must tell HMRC which property is your main home within 2 years.

    If you do not tell HMRC which of your properties is your main home, HMRC will decide if a property was your main home when you sell it.
    "


    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

    Comment


    • #3
      Originally posted by Crazy council View Post
      Wait for one of the more experienced to answer,

      But in the 90s, as long as you lived in the property for a month you could nominate it as your private residence. It looks still the same but i have only basic understanding of the rules in the 90s, nothing recent.

      https://www.gov.uk/tax-property-mone...herit/property

      quote " Selling the property

      You do not pay Capital Gains Tax when you sell your home. You will pay it if you make a profit when you sell a property that is not your main home.

      If inheriting a property means you own 2 properties, you must tell HMRC which property is your main home within 2 years.

      If you do not tell HMRC which of your properties is your main home, HMRC will decide if a property was your main home when you sell it.
      "

      Thanks for your helpful reply There doesn't appear to be much information out there from people's previous experiences in a similar position. I've just found that HMRC now have a forum as well - and have posted there too. If I get a response there before I get a response here - I'll update the thread either way - but if someone with experience happens to know it'd be great to hear. (I do know that HMRC themselves are not always spot on in their initial responses).

      Comment

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