Sale of Property & Shares >> Part Sale of a Property

Tags: long leases, partial sales, short leases

This applies where you are disposing of part of an asset. There is a special formula involved known as the A / A+B rule where A is the amount of the sale proceeds received for the part of the asset disposed off and B is the market value of the remaining part.

Part Disposal Example

  • John bought a house for €100,000 in 1990.
  • He converted the house into two apartments at a cost of €50,000.
  • He is now selling one of the apartments for a net of costs €400,000.

How much Capital Gains is due?

Step 1. Calculate the Cost Price

1990 Cost of House

€100,000

Allow for Stamp Duty/Legal Fees

€5,000

Costs of Conversion

€50,000

Total Cost Price

€155,000

Step 2. Apply Formula

Assume remaining apartment is worth €500,000, as it is bigger than the one being sold.
The formula for this is


Allowable Cost Price x

Sale Proceeds

Sale Proceeds+ Market Value Of Remaining Asset.

In this case it works out as:


€155, 000 x

€400,000

€400,000 + €500,000.

Giving a cost price of

€68,900

Add Inflation Relief to 31/12/02

€34,660

Allowable Cost Price

€103,560

Net Sale Proceeds

€400,000

Gain

€296,440

less Exemption

€1,270

Taxable Gain

€295,170

Tax @ 25%

€73,793

10.1 The Sale of a Property By the Grant or Sale of a Long Lease

  • A long lease for Capital Gains Tax purposes is a lease, which has more than fifty years to run.
  • This is treated the same as an outright sale of the property.
  • The proceeds or key money received is used as the sale proceeds and this figure should be entered into the calculator for an outright sale.
  • The calculation of the cost price etc. is the same as for an outright sale using the part disposal formula if required when dealing with the grant of a long lease.

10.2 The Sale of a Property By the Grant or Sale of a Short Lease

A short lease for Capital Gains Tax purposes is a lease which has less than fifty years to run.
Two different situations can arise here:

  • Straight sale of a short lease for which you may or may not have paid key money when you first acquired the lease.
  • The granting of a short lease with key money out of a freehold or long leasehold interest.

The rules dealing with both of these situations are complex and can involve both Income Tax and Capital Gains Tax complications. Because of these complexities each individual case must be examined on its own merits.
We provide this service by way of consultation and an additional charge will arise for dealing with same.

Expert Tax Library

Age 65 and Over

PAYE Taxpayers

Tax Credits & Reliefs

Self Assessment Tax System

Property Investors - Tax on Rental Income

Capital Gains Tax

Gift and Inheritance Tax

Pension Contributions

Acquiring Property for Children

Irish Tax Residency Rules




Search Tax Library

Loading