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Hi I bought a property in Oct 2002 as my main residence for

 
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Customer Question

Hi I bought a property in Oct 2002 as my main residence for £253k
I moved out in March 2005 and started renting it out in Arpril 2005 to Nov 2009 when i sold it for £330k.
1. Can i claim partial capital gains relief
2. Can i claim lettings relief to nulify any capital gains tax I need to pay.
3. Can i use my capital gains allowance also
I have been asked by the tax office to provide a computation of the capital gains tax and I'm not 100% sure how to do it and do not want to make a mistake.

Cost of property (Oct 02) £253,000
Stamp duty £7,590
Legal fees £1,500
Total cost £261,590

Sale of property £330,000
Original cost £261.590 –
Solicitors fees £1,500 -
Estate agent fees £4,000 –
Mortgage redemption fee £3,000 –

 

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System of Law: England-and-Wales

Already Tried:
HMRC and the web but I'm not 100% sure and do not want the tax man on my back for making a silly error in calculating this.

Submitted: 323 days and 6 hours ago.
Category: UK Tax
Value: £11
Status: CLOSED
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Expert:  TonyTax replied 323 days and 6 hours ago.

Hi.

Can you tell me if you were the sole named owner of the property please.
TonyTax41058.4823525463

Customer replied 323 days and 6 hours ago.

It was in joint names with my wife.

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Expert:  TonyTax replied 323 days and 6 hours ago.

Thanks.

You made a gain of £62,410 (£330,000 - £253,000 - £7,590 - £1,500 - £1,500 - £4,000). The mortgage redemption fee is not a deductible expense. By the time you sold it, you had owned it for 86 months of which you lived it for 30 and let it for 56.

The following figures are for each of you and your wife as you will each need to disclose your respective shares of the gain. It's not simply a matter of dividing the botXXXXX XXXXXne by two as letting relief does not always work that way.

The gain for the period the property was your main home is exempt from CGT as is the gain for the last 36 months of ownership. That accounts for £23,948 (£31,205 / 86 x 66). The remaining gain of £7,257 is that part of the letting period gain which is not covered by the last 36 months of ownership (£31,205 / 86 x 20).

As the property was both your main home and it was let you are entitled to letting relief which is the lesser of:

1 £40,000,

2 the sum of the main residence gain and the gain for the last 36 months of ownership of the property which is £23,948 and

3 the letting period gain of £7,257.

So, the remaining gain will be covered by letting relief of £7,257 and you should each have no CGT to pay.

Let me know if you have any further queries.

Customer replied 323 days and 5 hours ago.

A couple of things I need to clarify.

Can i just do this in my name as I've been filling out the tax returns for myself only concerning the letting of this property and not been involving my wife.

Also the calculations you've shown would that do as a computation that the tax office would accept in that format.

Accepted Answer

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Expert:  TonyTax replied 323 days and 5 hours ago.

You could but as the property is jointly owned, the gian should strictly be split 50:50. If you do disclose it as your gain, then all the figures for main residence relief and letting relief need to be doubled. You can set out the figures as I've described them in a calculation for the Revenue unless they have issued you with a tax return to complete.TonyTax41058.5410334838

Expert TypeTax Consultant
Category: UK Tax
Pos. Feedback: 99.0 %
Accepts: 6461
Answered: 5/29/2012

Experience: Inc Tax, CGT, Corp Tax, IHT, VAT.

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