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Capital Gains Tax on the sale of part of my garden?


I am selling approximately an acre of land - which is attached to my home. My husband is already on the 40% tax bracket. Will we have to pay CGT? We are not selling our home just part of the garden for someone else to build on. We have lived there for 4 years and it has been soley our garden and not used for anything else. Help! Thanks.

The previous answerer misunderstands the "half a hectare" rule. It doesn't relate to the area of land being sold.

If the total area of your existing garden and grounds (including the area occupied by buildings) does not exceed half a hectare, any land sold will be part of your residence and there will be no CGT to pay. However, if the total area of your existing garden and grounds exceeds half a hectare, selling land of any size (even under half a hectare) would normally be considered by HMRC not to be part of your residence and therefore to be chargeable to CGT.

As long as the disposal is of part of your garden, and the amount is under .5 hectares (1 acre = .4047 hectares) then it is a disposal of your sole main residence and no CGT is payable.

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