Capital Gains Tax

09/04/2010 - 04:12

Am I right that CGT on the sale of a property is only payable if the property is sold within 5 years of  purchase AND another property isn't being bought? Also, the CGT amount is 40% of the profit made only? S

Comment

Are you referring to Italian CGT? If so, it is 20% on the profit made but remember this will be the difference between the declared prices in the original purchase deed and the sale deed (less any invoiced, deductable expenses - e.g. estate agent, notary, renovations etc.) If it is your prima casa and you lived in it for more than 2 1/2 years (ie more than 50% of the 5 years) then no CGT is payable. The buying another property within 12 months part refers to you losing your rights to prima casa benefit and having to pay back any reduction in purchase tax you received on the property when you bought it.

In reply to by Penny

Yes, should have made myself clear(er)....... I am referring to Italian CGT. so the 20% is good news indeed ! And it is our prima casa and yes we have lived in it for more than 2 1/2 years.  That suggests therefore ZERO CGT (Wow!!)............So..... IF we bought a property at say 200k(as per the deeds), and sold at say 300k 2years 8months later (100k 'profit'), we would have ZERO CGT to pay?........ If we then left Italy completely we would take with us 300k in effect? I hadn't heard about the 2.5 years on the prima casa Super info as always! ciao, S

"It depends where you are going.  The Uk taxes worldwide gains - so if you were returning there!  I would take advice on that." You could forget to tell Mr Osborne on your return

As it is your first house, you will not have CGT to pay if you had residency at that address for more than half the time you have had the house.  Eg - owned the house for nearly 3 years, residency in that property within one year of purchase = no CGT.  Owned the house nearly 3 years, residency taken 18 months after purchase - CGT to pay.  The follow on is that if you do not buy another Prima Casa within 12 months, you lose the right to the prima casa agevolazione, so you can never buy another house using the incentives. If the house is not your prima casa you have 20% CGT to pay if you sell within 5 years - minus costs and invoices for the betterment of the property.  You do not HAVE to pay CGT at 20% to the notaio, but can opt to pay any plusvalenza direct to the government via your IRPEF return, in which case it would fall into your normal tax bracket - 19, 23 or more % - Obviously the 20% is the option for most people unless you are selling something small and have no other income in ITaly.  For Sprostoni house if it were not prima casa - selling at 300.000 if you bought at 200,000 would make you liable for a capital gain on 100,000 - ie 20,000 euros minus the notaios fees, agents fees, and ay invoices used to restore or work on the property in the interim.    All of which goes to show, that you shouldnt underdeclare the sale price, that you should insist the agent is written into the act of sale, along with the amount of his commission, and dont pay big house bills in nero.... 

In reply to by Ram

If the house was prima casa (in the world !), would that therefore mean the same if we went (back) to the  UK ( primary residence), so therefore maybe also zero CGT ? Mr Osbourne is my 'local' MP back in blighty and, the way these MPs APPARENTLY work (ha !)...........I'm sure we can come to some arrangement. S