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Each month our tax experts reveal tax strategies to help minimise your property taxes.


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Here is what our tax experts are sharing with you in this month's magazine:

 

  • New for Old! The End of the Renewals Allowance

    The tax legislation provides for a deduction for the cost of renewing “trade tools” (see ITTOIA 2005, s 68). The legislation is considered to refer only to small items such as hammers, chisels and so on, but by concession the relief has been extended to any items of plant and machinery.The allowance works on the basis that you cannot have a deduction for...
  • Claiming Travel Costs in Property Rental Businesses

    A rented property portfolio may not be placed in the same street or even the same town as your main residence or place of work. Travel from one property to another, as the landlord dealing with problems as they arise, does cost. That cost is allowed as an expense against rental income received.The treatment of travel expenses is similar to that as incurred...
  • What is a `dwelling house’ and Why Does it Matter? 

    At first sight, it would seem that the answer to the question `What is a dwelling house?’ is pretty straightforward. Most people would have a clear idea of what they regard as a house and as a dwelling. The Oxford English dictionary defines a `dwelling house’ as a house used as a residence, not as an office etc.  `Residence’ is defined as...
  • Use it or Lose it! Flat Conversion Allowance

    There is a special relief that allows significant tax write-offs for the cost of getting disused flats over commercial premises back into letting condition. This article will cover the basics of what could, for many property owners, prove to be a potentially valuable tax break. But be warned...
  • Tax Insider: Tax Tips
  • Tax Insider: Your Property Tax Questions Answered by Arthur Weller
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Property Tax Insider is aimed specifically at anybody who is involved in property.

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Back to Questions
« Previous Question 25 of 28 Next »

Can my brother sell me our joint property below market value?

Can my brother sell me our joint property below market value?
My brother and I bought a property jointly but the deeds are registered solely in his name. Neither of us have used the property as a main residence. The property was rented over the period and all rents were declared. The purchase price for this property was £50,000 and the current market value is £150,000. Can my brother now sell this property to me below the market value (e.g.£100,000) to reduce the CGT on the sale? 

Arthur Weller Replies: 

It is not clear to me whether you have always had beneficial ownership over half the property, since the date of acquisition, or not 

i.e. did the contribution of half the purchase price make you an owner of half the beneficial ownership of the house,even though your brother was the legal owner, or was the contribution of half the purchase price by you simply a loan by you to your brother? An important factor in deciding this question is in whose name was the rental income declared to the Revenue. If it was declared only in your brother's name, this shows that your brother had beneficial ownership over the whole property (see Revenue Capital Gains Manual page CG70230.) If you have always had beneficial ownership over half the property, then the proposed sale from your brother to
you can only be for his half of the property, because you already own your half. Any sale between connected persons (and brothers are called connected persons) is treated for capital gains tax purposes, as a sale at present market value, regardless of the actual payment the buyer makes to the seller. So in your case, even if you pay your brother £100,000, and no more, the Revenue will treat your brother as though he received £150,000 (the current market value) from you, for capital gains tax purposes, and tax him
accordingly.
1 2 3 4 5 next »  Tax Tips  1 - 10 of 48
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