is my mother liable for capital gains tax

J

judy

Guest
Thirty years ago my mother was left the family home by her father .A dependent brother had right of occupancy for his life time .He has recently died .My mother now wants to sell ,in 1974 the value of house was260 pounds .Its value is now 135000 .My parents have their own home worth 300000.Is my mother liable for full capital gains tax and how much tax would she have to pay
 
When you inherit a house subject to another persons right of occupancy your taxable value is lower due to a value being assigned to the right of occupancy. When the right of occupancy ceases then you are deemed to take a further inheritance.
In this case your mother would be deemed to take a further inheritance from her father when her brother died. There should be no CAT payable on this because of the CAT threshold. The amount which is calculated however will uplift the base value of the house on its sale.

If the CAT valuation of the right of residency of the brother was say 30000 then the CGT is charged on 100000-30000-1974 value.
 
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