26 May 2020

Capital Gains Tax and divorcing couple

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As you all know, the new tax year has commenced despite all the difficulties resulted from the on-going pandemic. There are considerable changes which came into effect with the new Tax Year as of 06 April 2020, which may affect the divorcing couples.

Amongst the changes is the Capital gains tax (CGT) which is now payable within 30 days of selling or transferring a property.

If you are getting divorce and if you are jointly selling a property or you are transferring your share of a property to your ex-partner, or vice versa, the CGT will be due within 30 days of the sale of that property.

Then what do you, as a divorcing couple, need to do?

You must remember that not only CGT will become payable within 30 days but you will also need to complete a land transaction report within 30 days.  It is therefore essential that you instruct a tax advisor in-time.

What other things you must be considerate of?

Since the purchase of your property, if you have lived in there for the whole time, then there is no CGT payable when you sell or transfer the property. This is called Principal Private Residence Relief (PPR).  

This relief is only available for the time you lived in the property.

If, however, you have moved out of the property for over 9 months before the sale or transfer, then there may be CGT due when you sell or transfer your share of the property.

It is therefore crucial to remember that if you been out of the family property for over 9 months and you are selling the property, then you may be liable for CGT on sale of this property and you should seek tax adviceimmediately

Is there any other reliefs available to you?

Prior to this new Tax year, i.e. 6 April 2020, if you had lived in a property as your main home at some point and then you let the property out you could be eligible for PPR relief as well as lettings relief for the period of time you rented the property

It is important to note that this relief is now only available if you also lived and were present in the property at the same time as the tenant.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Zehra Tamkan
Zehra works for a number of corporate immigration and family law clients. She advises on immigration matters including but not limited to applications under Tiers 1-5 of the Points Based System, EEA applications, domestic workers, students, family cases, including unmarried partner and marriage visas, settlement and applications for British citizenship.

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