Reducing CGT by getting married

Reducing CGT by getting married

12:46 PM, 11th April 2014, About 10 years ago 37

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Hi there, I have a B2L property that I bought 9 years ago for £250k and I’ve rented it out from day one. I have never lived there so I cant claim PPR or lettings relief. Reducing CGT by getting married

I’ve now got a buyer for the property at £325k so even after I deduct £10k buying and selling costs and my accountant has worked his magic with allowances I’m going to be looking at a pretty ugly CGT bill of around £8-10k (my calculations, waiting for the accountant to confirm exactly) which obviously I do not want!

Now currently I’m not married (been with girlfriend for 20 years with 2 kids).

It has been suggested that if I get a quickie marriage sorted and then transfer half the property to my new wife then we can use her annual CGT exemption allowance and it will reduce the CGT bill. However, the cash buyer for my property would like to complete in around 4 weeks which wouldn’t normally be a problem, thing is can I get married in 4 weeks?

But my real questions are:-

1.Will this work?

2.How easy is it to transfer the property into joint names?

3.My partner to be does not work and has the credit rating of a goldfish so will the lender agree?

4.If I show proof to the lender that the property is sold and I’m purely doing this for Tax reasons will they do it?

5.Is it worth the hassle?

6.Is there a better way of avoiding this bill, some secret little tactic maybe that other proffesionals use that me and my accountant are not privy to?

Obviously I do not want to go to prison so legal suggestions only please. I am not trying to scam the tax man, I am merely trying to reduce my CGT bill in any LEGAL way possible even if my ideas are a little cheeky )

Regards

Rob 🙂


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Comments

Jan Martin

12:54 PM, 13th April 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "11/04/2014 - 12:52":

My understanding is that the property can be transfered into joint names if you are a spouse or a civil partner. I do not think you have to be married. The transfer into both names should be dealt with before the property goes on the market or at the latest prior to exchange of contracts. A solicitor can carry this out very quickly .

Mark Alexander - Founder of Property118

13:00 PM, 13th April 2014, About 10 years ago

Reply to the comment left by "Jan Martin" at "13/04/2014 - 12:54":

Hi Jan

You are quite right in stating that Civil Partnerships (the predecessor to gay marriage in the UK) are treated in the same way as a marriage for tax purposes. However, timing of the transfer is crucial. This must be a back to back transaction on the day of completion if a mortgage is involved.

Please do not mix up Civil Partnerships with long term relationships - you may find this definition useful >>> http://en.wikipedia.org/wiki/Civil_partnership_in_the_United_Kingdom
.

Svetlana Alexander

9:59 AM, 16th April 2014, About 10 years ago

I have been giggling all morning whilst reading the comments left by Lawrence Squid 🙂
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AnthonyJames

10:59 AM, 2nd May 2014, About 10 years ago

Thanks to all and especially Mark for an informative and enjoyable thread. I'd been mulling over whether to switch to joint ownership of some property since I got married a few years ago, but was dreading tangling with my mortgage provider. It was news to me that you can switch to joint ownership as late as the date of completion and still reduce your CGT bill.

I presume the reason this works is because transfers between married people are free of CGT, so Rob would be transferring 50% of the property to his new wife for free, and she can then immediately benefit from her annual CGT exemption on sale. If she weren't his wife, Rob would face a CGT bill on the transfer.

Mark Alexander - Founder of Property118

11:24 AM, 2nd May 2014, About 10 years ago

Reply to the comment left by "Tony Atkins" at "02/05/2014 - 10:59":

Hi Tony

Your assumptions are correct, glad to have been of help 🙂
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Kevin Thomson

12:34 PM, 2nd May 2014, About 10 years ago

Reply to the comment left by "Tony Atkins" at "02/05/2014 - 10:59":

Tony

I'd also been mulling over switching to joint ownership, though for income tax rather than CGT reasons.

Also dreading contacting the mortgage provider. My fears seem to have been borne out. Santander treat a switch to joint ownership in much the same way as a new mortgage application. They require an inordinate amount of information again, which they should already have on me.

I have a low rate lifetime tracker with them. My thinking is they are using this process as an opportunity to redeem some mortgages if the current borrower no longer fits their criteria, for whatever reason that might be. I sensed the same with Bank of Scotland.

Best, as usual, to just let sleeping dogs lie.

AnthonyJames

18:22 PM, 2nd May 2014, About 10 years ago

I too am with Santander on a low interest-rate tracker, and intend to keep this mortgage and house with just my name on the title deeds for many years to come, for all the reasons you state.

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