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Readers’ forum: Loan repayment with a capital gain

24 January 2022
Issue: 4825 / Categories: Forum & Feedback
Loan repayment

In July 1995 Mr A loaned £12 000 to friends to assist with their house purchase.

A formal legal charge was registered on the property in Mr A’s sole name stating that the advance represented 30% of the cost of purchase namely £40 000 and the repayment sum should represent the same percentage of the property’s sale price.

Mr A died in February 2019 when the market value of the property was £180 000 and the legal charge was formally transferred to his widow Mrs A.

In May 2020 the property was sold for £200 000 and Mrs A received £60 000 representing loan repayment £12 000 and gain £48 000. Please may we have readers’ thoughts regarding:

  • inheritance tax and probate value of the legal charge for Mr A in February 2019;
  • capital gains tax treatment for Mrs A including the nature of the asset...

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