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Hi I have a query on capital gains tax. I bought my flat

 
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Customer Question

Hi I have a query on capital gains tax.

I bought my flat in May 2001 for £225,000. I paid £2250 in Stamp Duty and £1800 in legal fees. I occupied my flat as my sole residence until February 2004 since when I have rented it out. I now intend to sell it and it is estimated to reach £400000 and I would estimate my costs of sale (estate agent and legal fees) wold be about £8000. What capital gains tax am I likely to have to pay? I have been a higher rate tax payer since 2003. Thanks Jo

 

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System of Law: England-and-Wales

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Submitted: 350 days and 12 hours ago.
Category: UK Tax
Value: £15
Status: CLOSED
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Expert:  SamTax replied 350 days and 12 hours ago.

Hi Jo

 

Thanks for your question

 

Assuming a sale now

 

The initial gain is the sale prices less the purchase price, so this would leave a gain of £175,000

From which can be deducted the costs to buy and sell, so £4050 for buying and approx £6000 to sell (I have estimated this cost) so total of £10050 and the costs of any major renovations, such as new kitchen, new roof etc

 

Using the gain of £164,950 then the reliefs are considered.

 

Private residence relief allows for the time that you lived there and the last 36 months - so 69 months/ 132 months (total ownership) x £164,950 = £88,223

This leaves a gain of £76,727

 

Then as this was your main residence and you have let this out throughout (and I assume declared the rental income to HMRC) private lettings relief is considered

 

This is the lesser of

1) The amount on which private residence relief was allowed - so £88,223

2) the amount of gain left over after private residence relief has been applied - so £76,727 OR

3) £40,000

 

As the lesser is £40,000 this is deducted from £76,727 - leaving a final gain of £36,727

 

The first £10,600 is your annual exemption leaving the remaining gain of £26,127 x 28% (as you are a higher rate taxpayer) = £7315.56

 

Thanks


Sam

Customer replied 350 days and 12 hours ago.

Hi

 

I was confused by the private lettings relief. Does that only apply if the flat was my only property? After I rented it out I moved in with my partner and we have shared a home which we jointly own since then.

 

Yes my rental income has always been properly declared. Thanks Jo

Accepted Answer

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Expert:  SamTax replied 350 days and 12 hours ago.

Hi Jo

 

Thanks for your question


No, private lettings relief applies if you rented out to tenants a property that has been, at some time during ownership, your main residence. (and declared these rents to HMRC)

It has nothing to do with the fact you had no other main residence

 

Thanks


Sam

 

 

SamTax41035.7642017361

Expert TypeAccountant
Category: UK Tax
Pos. Feedback: 99.5 %
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Answered: 5/6/2012

Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax

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