Site transfer - CGT

[pigeon]

My mam is transferring a site to my name so I can build my own home on it. I know we are exempt from CGT but there are a few rules. The rule that says they can claw it back if you sell within 3 years....does that mean I have to live in the house myself for the 3 years or can I rent it out?

 

[ClubMan]

See [broken link removed] (underlining is mine):

6. Transfer of a site fromparent to child

Section 603A Taxes Consolidation Act 1997 provides that Capital Gains Tax will no longer apply on the transfer of a site from a parent to a child where the transfer takes place after 6 December 2000 and is to enable the child to construct a principal private residence on the site. The site must not be valued at more than €254,000 to qualify for the relief. However, if the child subsequently disposes of the site without having occupied a principal private residence on the site for at least three years, then the capital gain which would have accrued to the parent on the initial transfer will accrue to the child. However, the gain will not accrue to the child where he or she transfers an interest in the site to his or her spouse.

Also, if you rent it out within five years of completion as your Principal Private Residence then a clawback of stamp duty may also apply. See .

As an owner occupier you can still avail of the with no income tax, CGT or stamp duty implications.