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Capital Gains Tax on a partial land sale

  • 09-04-2019 10:43pm
    #1
    Registered Users, Registered Users 2 Posts: 847 ✭✭✭


    Hi

    Wondering if anyone can help with this query.

    We are looking a purchasing a house (this would be our primary private residence)which will be part funded by a loan from a family member. if we were to subsequently sell a part of the site (to build a house on) to the family member for the same value of the loan are we likely to be liable for CGT?

    Appreciate any feedback.
    Tagged:


Comments

  • Registered Users, Registered Users 2 Posts: 918 ✭✭✭Ciaran


    It's likely that you would be liable to CGT. See example 10 on pages 21 and 22 of this: https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-19/19-07-03.pdf

    You'd have to use the market value of the part of the site for the calculation instead of the sale price in the linked eample.


  • Registered Users, Registered Users 2 Posts: 12,593 ✭✭✭✭Calahonda52


    wicklowdub wrote: »
    Hi

    Wondering if anyone can help with this query.

    We are looking a purchasing a house (this would be our primary private residence)which will be part funded by a loan from a family member. if we were to subsequently sell a part of the site (to build a house on) to the family member for the same value of the loan are we likely to be liable for CGT?

    Appreciate any feedback.

    Is a bank is part funding this?

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 847 ✭✭✭wicklowdub


    Is a bank is part funding this?

    Yes but less than a 1/3 of the total transaction, their interest in it wouldnt be reduced by the sale of part of the land, there'd be more than enough equity left.


  • Registered Users, Registered Users 2 Posts: 12,593 ✭✭✭✭Calahonda52


    wicklowdub wrote: »
    Yes but less than a 1/3 of the total transaction, their interest in it wouldnt be reduced by the sale of part of the land, there'd be more than enough equity left.

    Best split the site into two now and have two legal titles, else bank may not release its charge to allow you do it later

    “I can’t pay my staff or mortgage with instagram likes”.



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