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Property transfer and avoid CGT?

Discussion in 'Buy-to-Sell Property' started by jacab, Aug 22, 2006.

  1. jacab

    jacab New Member

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    My sister has a house which she bought on her own. Six years ago, when she got married and moved she wanted to keep it as an investment but needed help so as a non-homeowner and also wanting to invest, I informally 'bought' 50%. She remained the only named person on the mortgage and I have simply helped 50% with bills/mortgage and likewise received 50% of any rent. She is now married and has bought a property with her husband. I am now married and have ?40,000 which could pay off the remaining mortgage. Is there anyway my sister could transfer the property to us as our only home so that we could sell it without CGT? I would really appreciate any advice or if anyone knows where I can go for help.
    Thanks!
    Jacab
     
  2. Joshua

    Joshua New Member

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    A lot of evidence would be needed to convince the inspector that you became a beneficial (part) owner in the property at six years ago and that an implied trust was created at that time. Did you declare the rent each year? If we were wearing the Inspector's hat we probably would look at this with a large dollop of skepticism.

    Anyhow, when your sister sells or gifts the (rest?) of the property to you then she will have made a disposal for CGT purposes and you may also have to consider any stamp duty payable on the transfer.
    Thanks,
    Josua
     
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