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30 May 2024

Hi there,


I have a question regarding tenancy in common. I bought a property with my brother. We originally had it signed for a 50% split. However, he now wants to make me the majority owner where i will be owning 99% interest and the remaining 1 % will be apportioned to him.


He mortgaged a portion of his home to help me buy this property which would be my first home. He is my guarantor. Changing ownership percentage from 50% to 99%, would that incur stamp duty fees?

would i need to reissue a new mortgage loan and would the time period that elapsed till the change to 99% be liable for CGT in the event we sell the house. Since it would be my first property, i understand i can claim CGT exemption under the 6 year rule as we have now rented the property out for the past 2 years. However, would his portion of the 50% still be liable for cgt for the period prior to making the switch to a new ownership structure where I own 99% of the property?


sorry for the confusing question. Any help is appreciated.

3,765 views
2 replies
3,765 views
2 replies

Most helpful response

Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
30 May 2024

Hi @victor_unit


We need to break your question down.


1) Tennants in Common means you each own a specified share in the property. The share will not automatically divert to the other owner upon death (unlike joint tenants)


2) You currently own 50% and you are purchasing another 49% from your brother.


3) For CGT and Stamp duty purposes the value of the 49% will be the market value on the date of the transfer.


4) Your brother will be liable on the CGT on the sale of his 49%.


5) You will be liable on the stamp duty.


6) In the future, when you sell your 99% holding. You cost base will include the original purchase price plus the purchase price of the 49% (plus other capitalised costs)


7) You will need to check with your bank if they will allow the transaction as they have a mortgage and you can’t proceed without their approval.


8) You (and your brother) may be able to apply an exemption to CGT like the 6 year rule if you meet the criteria.


Toby

All replies

Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
30 May 2024

Hi @victor_unit


We need to break your question down.


1) Tennants in Common means you each own a specified share in the property. The share will not automatically divert to the other owner upon death (unlike joint tenants)


2) You currently own 50% and you are purchasing another 49% from your brother.


3) For CGT and Stamp duty purposes the value of the 49% will be the market value on the date of the transfer.


4) Your brother will be liable on the CGT on the sale of his 49%.


5) You will be liable on the stamp duty.


6) In the future, when you sell your 99% holding. You cost base will include the original purchase price plus the purchase price of the 49% (plus other capitalised costs)


7) You will need to check with your bank if they will allow the transaction as they have a mortgage and you can’t proceed without their approval.


8) You (and your brother) may be able to apply an exemption to CGT like the 6 year rule if you meet the criteria.


Toby

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