I'm a vicar so the church 供給するs 住宅 and I rent out my family home - will I 借りがある CGT if I sell it? HEATHER ROGERS replies
As a vicar for the Church of England my 住宅 is part of my stipend so our family home has been rented out for about 18 years.
As I'm 製図/抽選 近づく 退職 we are thinking about where we would like to live and are thinking about selling the family home and buying a new home to 最初 rent out until we 現実に retire.
When talking to a friend he has 示唆するd we would be liable for 資本/首都 伸び(る)s 税金 as this would be classed as a 商売/仕事 even though it's our main home.
Clergy often have different 税金 利益s as we are not 行うd but I cannot find anything about family homes having to be rented out when we are given clergy 住宅. I would be most 感謝する for your advice.
SCROLL DOWN TO FIND OUT HOW TO ASK HEATHER YOUR TAX QUESTION?
資本/首都 伸び(る)s 税金: I'm a vicar so the church 供給するs 住宅, but I have another home that is rented out (在庫/株 image)
Heather Rogers replies: This is a good question 関心ing 職業 関係のある accommodation, which 現実に 影響する/感情s やめる a few different working 役割s from 軍の 職員/兵員 to farm 労働者s.
There is a whole section of the 課税 of Chargeable 伸び(る)s 行為/法令/行動する 1992 on this very 事柄. By and large, the 支配するs are helpful and understanding of the 状況/情勢, but there are a couple of 落し穴s.
I will run through the 支配するs in general 条件 before moving の上に your own personal circumstances below.
How does '私的な 住居 救済' on 資本/首都 伸び(る)s 税金 usually work?
普通は, 支配する to 確かな 基準, your own home qualifies for 私的な 住居 救済 on sale, as it is your only or main 住居.
This means you do not 支払う/賃金 資本/首都 伸び(る)s 税金, as you would on the 処分 of a 所有物/資産/財産 you didn’t live in.
However, if you live in another 所有物/資産/財産, then you would need to 決定する which was your main 住居.
This is 普通は done by '選挙', meaning you get to decide, but HMRC would need some 証拠 that you were living in the 所有物/資産/財産 you want to be covered by PRR at least some of the time.
What happens if you live in 職業-関係のある accommodation?
Living accommodation is 職業-関係のある if it is 供給するd for an individual’s 雇用, or for the 雇用 of their spouse or civil partner, in any of the に引き続いて 事例/患者s.
- It is necessary for the proper 業績/成果 of their 義務s.
- It is 供給するd for the better 業績/成果 of their 義務s and where the 準備/条項 of living accommodation is customary for that type of 雇用
- The accommodation is 供給するd as part of special 安全 手はず/準備.
- An individual or their spouse or civil partner are contractually 要求するd to reside in 前提s 供給するd by another person, from where they carry on a particular 貿易(する), vocation or profession.
What if you already own or buy your own home while living in 職業-関係のある accommodation?
If an individual owns their own home which they are unable to 占領する 予定 to the fact that they need to reside in 職業-関係のある accommodation, then the home can continue to be their main 住居 for 資本/首都 伸び(る)s 税金 目的s, 供給するing they ーするつもりである to return to 占領する the home once the 雇用 is finished.
That said, if you decide when the 職業 ends that you don't want to move to the home in question, you may never 現実に even have to 占領する the 所有物/資産/財産.
If, for example, you 購入(する)d the 所有物/資産/財産 during the time you were in 職業-関係のある accommodation with the 意向 of moving into it at the end of the 雇用 but then your circ umstances change and you sell it, 供給するing your 意向 was to live there, then PRR will be 利用できる, up to the date your 意向 changed.
Once the 意向 to 占領する the home stops, then the home is no longer 扱う/治療するd as a 住居, so PRR will not be 利用できる from this point on, if for example you move to another 所有物/資産/財産 whilst still owning your 初めの home.
PRR will however be 利用できる up to the point the 意向 changed, 加える the last nine months of 所有権.
HEATHER ROGERS ANSWERS YOUR TAX QUESTIONS
- How do you find a good accountant? Five tips on when to 捜し出す help, 雇うing the 権利 会社/堅い and typical costs
- My partner's ex is hiding 収入s to 避ける child 維持/整備 - what can we do?
- I got a shock £4 k 税金 法案 after my salary went over £100k - why didn't work 除去する my personal allowance?
- I'm a vicar so the church 供給するs 住宅 and I rent out my family home - will I 借りがある CGT if I sell it?
- My daughters are swapping homes: Will they get stung on 資本/首都 伸び(る)s 税金?
- How can I stop my spendthrift son frittering away his 相続物件? Heather Rogers replies
There is no 明確な/細部 鮮明度/定義 of ‘意向’, I’m afraid. If the (人命などを)奪う,主張する was challenged by HMRC, then a taxpayer’s particular circumstances would dictate the 見込み of PRR 存在 許すd for the whole period of 所有権.
If you had 購入(する)d another 所有物/資産/財産 then it would be up to you to show why and when you decided not to move 支援する into your former 住居.
What if you let your home while living in 職業-関係のある accommodation?
You can still (人命などを)奪う,主張する PRR, unless the period of let 延長するs beyond the period of residing in 職業-関係のある accommodation.
In that 事例/患者, at that point the 意向 to live in the home would not be supported and there could then be a 口論する人 as to whether there was an 意向 to move into the home at all.
What about your circumstances?
In your 明確な/細部 事例/患者, you have a home which you rent out as you live on church 所有物/資産/財産 which would no 疑問 qualify as 職業-関係のある accommodation. So far, so good.
However, if your 意向 to move 支援する into the home you have rented out will 中止する, then it will stop qualifying from that moment for PRR.
PRR will however be 利用できる up to the point the 意向 changed, 加える the last nine months of 所有権.
The new 所有物/資産/財産 would also qualify 供給するing you move in すぐに after your 雇用 中止するs.
If your 意向 not to move 支援する into your old home 落ちるs within the last nine months of 所有権, then you will receive 十分な PRR on the sale of your long owned 所有物/資産/財産.