Q 1. What is the situation with the capital gains? Remember she lives in the USA.
Can we say that this is the Mother’s primary residence and therefore exempt from CGT?
What do you think yourselfQ 2. Is it possible to transfer the house without using a Solicitor to keep costs down?
So in this case it's the interpretation of "main residence" that needs to be looked at.11. If I sell my house will I have to pay Capital Gains Tax? No. If the house (including grounds of up to one acre) has been occupied as your sole or main residence throughout your period of ownership you will be exempt from Capital Gains Tax on the sale.
As I have said, you will need specific professional advice to determine the liability.
WHAT IS GIFT TAX?
Since 28 February, 1974 gift tax is payable on certain gifts made during the lifetime of the donor. The person
making the gift is called the donor or disponer and the person receiving the gift is called the donee. A gift is
taken when a donee becomes beneficially entitled in possession to some property and does not give full
consideration for it.
The tax is payable by the person receiving the gift.
WHAT GIFTS ATTRACT GIFT TAX?
Gift Tax is payable on all gifts if certain totals called thresholds are exceeded. Some of the more usual
transactions under which gifts are taken might take the following form -
a present of cash
a present of jewellery or of a car
a transfer of a house or lands
the use of a house for life.
HOW MUCH OF A GIFT IS TAX FREE?
There are three tax-free thresholds. There are different thresholds depending on the relationship between
the person receiving the gift and the person making the gift. New thresholds were introduced on
1 December, 1999
Group A:
£381,000. This applies to a child, a step child, a foster child in certain circumstances and to a grandchild
under the age of 18 of the donor whose parent is dead.
Group B:
£38,100. Included in this class are brothers, sisters, nephews and nieces
Group C:
£19,050. This applies to a donee who does not come under Class A or B.
These thresholds can be reached either by a single gift or by a collection of a number of gifts and
inheritances over a period of years. Only prior gifts and inheritances to which the same group threshold
apply are aggregated (added together) for the purposes of calculating tax. Special arrangements may apply
where there has been a prior inheritance from a parent.
The thresholds are index linked and increased in line with inflation since 2001. The indexation factor for 2001
is 1.056.
In determining relationship, preferential treatment is given to certain categories of donees -
the surviving spouse of certain relatives of the disponer.
certain nieces and nephews will effectively be treated in certain circumstances as daughters and
sons.
certain grandchildren of the disponer who take a benefit under a marriage settlement.
I see your point but faced with a bill of up to 60k it's only natural that I would do a bit of research
I see your point but faced with a bill of up to 60k it's only natural that I would do a bit of research
Now Mother wants to sell this house that is worth €350,000 to Son for €100,000.
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