My daughters are swapping homes: Will they get stung on 資本/首都 伸び(る)s 税金?
My daughters each own a house (完全な, no mortgage); one in Oxford and one in Cambridge.
予定 to changing work 場所s they now wish to 交換(する) 所有権 of their houses.
Our solicitor has advised that this can easily be done through a 行為 of Gift but has 拒絶する/低下するd to advise on the 関わりあい/含蓄s for 資本/首都 伸び(る)s 税金 when either 所有物/資産/財産 is sold.
It is 高度に likely that the Cambridge house (which has been my eldest daughter’s main home from 購入(する) in 2020) will be sold next year after she 移転s 所有権 to her sister.
As the house has 増加するd in value since 購入(する), we would like to understand any 可能性のある 義務/負債 for CGT when it is sold.
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Swapping homes: Will my daughters 直面する an extra 税金 法案 for doing this?
Heather Rogers replies: The 税金 関わりあい/含蓄s of gifting 所有物/資産/財産 to family members is a ありふれた 相続物件 税金 planning question but I have not had one about house 交換(する)s before!
That said, although it may seem unusual, house 交換(する)s are not as rare as you would think.
When considering such a move, there are three 税金s which have to be considered - 資本/首都 伸び(る)s 税金, 相続物件 税金 and Stamp 義務 Land 税金.
I will look at these in turn, before making some その上の 発言/述べるs on your daughters' 状況/情勢.
It is 価値(がある) 公式文書,認めるing the 支配するs are the same regarding all the 税金 問題/発行するs to consider whomever you are house swapping with in 原則.
If the 交換(する) 処理/取引 is with someone who is not a 'connected party' (more on this below, but this 含むs siblings), the market value of a 所有物/資産/財産 is still used, unless it is a normal 商業の 処理/取引 in which 事例/患者 it is the 量 you 現実に paid.
1. 資本/首都 伸び(る)s 税金
Even though this 処理/取引 is that of a 交換(する) rather than two 独立した・無所属 sales, it doesn’t change the way such a 処理/取引 is 扱う/治療するd for 資本/首都 伸び(る)s 税金.
On any 移転 of 所有物/資産/財産 between 'connected parties' the market value of that 所有物/資産/財産 must be taken into account ネズミ her than the 量 of money 現実に 存在 paid.
Will your daughters have to 支払う/賃金 CGT?
If each 所有物/資産/財産 存在 swapped was the main or only 住居 of its owner 事前の to the 交換(する), then 私的な 住居 救済 (PRR) should be 利用できる in the same way that it is 利用できる when you sell your home and move to another, and no 資本/首都 伸び(る)s 税金 will be 予定.
類似して after the 交換(する), 供給するing the new home remains the main 住居 of its new owner, then PRR should be 利用できる should the new home be sold, again in the same way as if you sell your home, move to a new one and then sell the new one to move again.
There are some exceptions to the availability of 私的な 住居 救済 which you should check do not 適用する in this 状況/情勢.
However, if one of the 所有物/資産/財産s 存在 swapped was a second home, or was rented out at any time, 資本/首都 伸び(る)s 税金 would be payable, in the same way as if you sold a second home or a 所有物/資産/財産 that you had rented.
The 量 予定 would depend on the 利益(をあげる) made, in other words the market value at time of the 交換(する), いっそう少なく what was paid and the costs of any 改良s and any period where it qualified for any other 救済.
What is meant by connected parties?
A person is connected with an individual if that person is:
- A spouse or civil partner
- A 親族 (brother, sister, ancestor or lineal descendent, but not 甥s, nieces, uncles and aunts)
- A spouse or civil partner of a 親族
- A 親族 of a spouse or civil partner
- A spouse or civil partner of a 親族 of a spouse or civil partner.
2. 相続物件 税金
If no money is 存在 paid, in theory both houses in this 事例/患者 are gifts.
However, because for gifting one house, the gifting party is receiving another house, then the actual gift is the difference between the value of the 所有物/資産/財産s.
For example, if A gives B a house 価値(がある) £300,000 but only receives from B a house 価値(がある) £280,000, then A has gifted B £ 20,000.
This gift is known as a PET (部分的に/不公平に 免除された 移転). If A 生き残るs seven years, then no 相続物件 税金 would be 予定 on the gift.
Gifts are deducted from the person’s nil 率 禁止(する)d first (現在/一般に £325,000 - see the box below) so if A hasn’t gifted more than the nil 率 禁止(する)d in the seven years before their death, then no 相続物件 would be payable on the gift in any 事例/患者, even if they died within seven years.
This 状況/情勢 can be 避けるd by 支払い(額) of the difference by the person receiving the higher value 所有物/資産/財産.
Importantly, once the 交換(する) has taken place there should be no その上の 利益 received by the owner of the gifted 所有物/資産/財産, or it will be 分類するd as a ‘gift with 保留(地)/予約 of 利益’ and this will change the 相続物件 税金 position.
> Find out more about gifts and 相続物件 税金
3. Stamp 義務 Land 税金
普通は, there is no stamp 義務 payable on a gift, but there may be a 義務/負債 if the 所有物/資産/財産s are not equal in value, or if there is a mortgage on one or both of the 所有物/資産/財産s which are 存在 transferred.
There may be higher 率s of stamp 義務 to 支払う/賃金 if one party already owns another 所有物/資産/財産. This is a question that your solicitor should review.
その上の tips for your daughters
In this 事例/患者, if the 所有物/資産/財産s 現在/一般に are the main homes of both the sisters and will remain so up to the date of the 交換(する), PRR should be 利用できる 支配する to the exceptions in the link above.
Any difference in value will be a gift by the owner of the higher value 所有物/資産/財産 to the other.
To 避ける a gift, the difference could be settled by a 支払い(額).
供給するing the 所有物/資産/財産 to be sold is the main home of the new occupant from the date of the 交換(する) up to when it is sold, then it should qualify for PRR.
I recommend having both 所有物/資産/財産s valued by a qualified surveyor, so if there is a query later from HMRC, you have an 正確な valuation at the time of the 交換(する).
It also means that if one of the 所有物/資産/財産s does not remain as a main 住居 (it is rented out in 未来, for example), you have an 正確な '購入(する) price' for CGT 目的s.