How do i work out what CGT I'll pay on a UK property sale?

Discussion in 'Accounting & Tax' started by Paterson00, 27th Dec, 2017.

Join Australia's most dynamic and respected property investment community
  1. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    218
    Location:
    Perth WA
    Hi all

    Thought I might find the answer easier here by asking.

    I'm thinking of selling my uk property as we can no longer tap the equity to buy the next ip.

    Bought in 2003 for £123,500 and now valued at about £230,000.

    Selling costs at about 4% I think and its been rented since we moved here in 2012.

    I earn up about $160,000 and recently we put the entire property in my name as part of the last remortgage. Long story but it was the right thing to do at the time. We havent sold yet so may be better off putting back into joint names before we do.

    I've taken a look into the ATO website but nothing there is clear so if anyone has a ball park figure I'd appreciate it.

    We are trying to see what we would actually walk away with. The property is in Kent which is just next to London. The market has been good for a few years. Looks like it's cooling off a little at the moment.

    Current exchange rate is about $1.7 AUD to the £

    Thanks

    Paul
     
  2. Mike A

    Mike A Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    2,656
    Location:
    UNIVERSE
    Are you an australian tax resident ?

    Have you always been an australian tax resident ? If not when did you commence being an australian tax resident ?

    Did you account for CGT on the transfer of the property from joint names into your name ?
     
  3. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    218
    Location:
    Perth WA
    No money was paid to anyone during the transfer.
     
  4. Mike A

    Mike A Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    2,656
    Location:
    UNIVERSE
    Market value substitution rule. You would need to have accounted for cgt on the transfer based on market value.

    You will have two CGT events. One to the joint owner on the transfer to you. And then another on sale. Two different cost bases for you.
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,908
    Location:
    Australia wide
    Wow - you should seek advice on declaring the CG that you missed reporting.
     
  6. Mike A

    Mike A Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    2,656
    Location:
    UNIVERSE
    @Terry_w probably ok as if recent will be in this financial year and reported in the 2018 return.
     
    Terry_w likes this.
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,908
    Location:
    Australia wide
    Actually there are further issues. if you were claiming the interest on a loan relating to this property you would only be able to claim part of it after the transfer as it was a transfer without consideration. if you were 50/50 owners before then only half of the interest going forward could be deductible.

    Who advised you on this?
     
    Mike A likes this.
  8. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    218
    Location:
    Perth WA
    Excellent. Sounds like I've opened Pandoras box.

    No advice... well.. the UK mortgage broker.
    We were going through a remortgage which needed us to leave to country while the remortgage took place ( some wierd law).. as we didn't realise that my wife would also need to join me until I arrived at the airport and everything was fully in motion the easy way out was for her too just sign it over to me rather than halt the entire process and lose the flights too.
     
  9. Mike A

    Mike A Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    2,656
    Location:
    UNIVERSE
    Its ok not much you can do now and you are in australia together so thats a good thing.

    But yes you will have CGT on the transfer. If it goes back to 2012 when you moved here its interesting as the ATO and you can only amend 2 years worth of returns in general.

    Im more concerned you said it was recent.
     
  10. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    218
    Location:
    Perth WA
    The transfer was late 2016 from memory. I think the value at the time was £185k
     
  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,908
    Location:
    Australia wide
    Might be able to argue you are trustee for the wife anyway.
     
  12. Mike A

    Mike A Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    2,656
    Location:
    UNIVERSE
    Ahh ok then yes you will need to include it in your wifes 2017 return.
     
  13. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    218
    Location:
    Perth WA
    So to clarify, she made no money on the "sale" yet there will be tax to pay?

    Can we not just revert back?
     
  14. Mike A

    Mike A Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    2,656
    Location:
    UNIVERSE
    Thats right market value substitution rule.

    Would need to see what you signed to change title. A lawyer would need to review that document. Maybe you only changed the loan and not title to the property.
     
  15. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    218
    Location:
    Perth WA
    Ok. I'll have to take a deeper look into this. Thank you for everything so far.

    If we hadn't made that mice do you know what we would be paying in CGT?
     
  16. Ed Barton

    Ed Barton Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,229
    Location:
    Brisbane
    West Kent is 'just next to London' but most of Kent is miles away.
     
  17. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    218
    Location:
    Perth WA
    If we're splitting hairs my house is 37 miles from Big Ben.
     
  18. James Bond

    James Bond Well-Known Member

    Joined:
    23rd Jun, 2015
    Posts:
    218
    Location:
    Melbourne
    Not sure how many hairs we are splitting - I have an IP in Rochester - is yours anywhere near there?
     
  19. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    218
    Location:
    Perth WA
    Gillingham near the river