Divorcing couples and capital gains tax
Monday 23rd of September 2019.
Under new rules, if you move out of a home that was your main residence — because of a marriage breakdown, for example — you will have as little as nine months to sell that property without being hit by a capital gains tax bill on any profits.
At present you have 18 months to sell your home after moving out before you have to pay a capital gains tax. However, that time period will be reduced to nine months from April 2020.
Take a couple who bought a house for £200,000 and lived in it for 10 years. Let's say they decided to divorce and the husband moves out three years before the property is sold. They sell the property for £400,000 – so £200,000 more than they bought it.
If you only have one house and you always live in it for the entire time you own it, then you don’t pay capital gains tax on any gain when you come to sell it. So the wife who has always lived in the property until the sale will get full private residence relief on her gain of £100,000 and will not pay capital gains tax.
However, since the husband has not lived there for three years, he will not get the full relief and will have to pay capital gains tax.
The way capital gains tax works is if you only live in the property as your main residence for some of the time you own it, you get relief for a fraction of the gain. So after the exemption period - currently 18 months - you pay tax on the time you didn’t live in the home.
HM Revenue and Customs practice and the law relating to taxation are complex and subject to individual circumstances and changes which cannot be foreseen.
For specific tax advice please speak to an accountant or tax specialist.
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