Thursday, July 7, 2011

Are we liable for capital gains if we move into a former rental property?

Q We are selling our main home where we have lived for 14 years, and are moving into a flat we have owned for five years, which is currently worth less than we paid for it. This is as an interim measure until we buy another main home (hopefully in less than six months). We will then sell the flat, probably at a loss. Would we be liable for capital gains tax (CGT) on our old main home because we will have been resident for a period in the flat? DM

A Moving into the flat has absolutely no bearing on any potential CGT bill on your main home. When you sell your home, irrespective of where you subsequently move, there should be no CGT to pay because of what HM Revenue & Customs calls private residence relief. This makes any gains on a property you have lived in as your home (or main residence) tax free assuming you lived there for the entire time you owned it and the size of the garden is less than half a hectare (which is a little over an acre).

Because you have let the flat you are temporarily moving into, there could be a CGT bill when you sell that, but only if you make a gain. As you think you will make a loss there would be no tax to pay, but make sure you keep detailed records of the loss as you can use it to set against any capital gains made in future tax years.


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Source: http://www.guardian.co.uk/money/2011/jul/06/liable-capital-gains-rental-property

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