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Going spare

16 August 2011
Issue: 4317 / Categories: Forum & Feedback
A husband and wife purchased a buy-to-let property. The husband later became a 50% taxpayer and the property was transferred into the wife’s sole name. She wishes to withdraw capital from the business

Our clients are a husband and wife who used their spare cash funds to purchase a second property with vacant possession which they then let out.

The husband has become a 50% taxpayer so it was decided to transfer the property into the wife’s sole name. Shortly afterwards they decided to withdraw their capital from their letting business by raising a mortgage.

As the wife originally owned 50% of the property we presume that there is no reason why she cannot withdraw 50% of the original capital cost.

However when she acquired the husband’s half of the property business was she acquiring as a connected party at market value or as it is a husband and wife transaction was she acquiring at his original cost?

If the latter is there any reason why...

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