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It all depends

09 June 2005
Issue: 4011 / Categories: Forum & Feedback

I would appreciate advice regarding the potential claim to the capital gains tax dependent relative residence relief for my client, D. His aunt,Mrs C, purchased her main residence in January 1986 for £26,000; she was 66 at that time. On 25 August 1987, she gifted the property — then worth £30,000 — to her two nephews, D and his brother N, in equal shares. On 26 August 1987, D and N granted Mrs C a 35-year lease on the property for a rent of £5 a year. In March 1997, D purchased his brother's half-share in the property for £23,000.

I would appreciate advice regarding the potential claim to the capital gains tax dependent relative residence relief for my client D. His aunt Mrs C purchased her main residence in January 1986 for £26 000; she was 66 at that time. On 25 August 1987 she gifted the property — then worth £30 000 — to her two nephews D and his brother N in equal shares. On 26 August 1987 D and N granted Mrs C a 35-year lease on the property for a rent of £5 a year. In March 1997 D purchased his brother's half-share in the property for £23 000.
Mrs C continues to live in the property but may soon go into a nursing home. She has paid all normal maintenance and running costs of the house; however the £5 annual rent has not been paid...

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