Capital Gains Tax in the UK for Non-Residents

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Understanding Capital Gains Tax for Expats

If you’re a UK domiciled resident or own capital assets in the UK, such as property (both commercial and residential), shares, or other fixed assets, you need to be aware of your capital gains tax obligations when you sell these assets. Here’s a breakdown of the essentials:

Key Information Required for a Capital Gains Tax Return

  1. Property Address and Postcode: The exact location of the property in the UK is crucial.

  2. Acquisition and Disposal Dates: These dates are vital due to changes in capital gains tax laws over the past two decades.

  3. Type of Property: Whether the property is residential or commercial significantly impacts the tax rate.

  4. Valuation Details: The value at acquisition and any revaluations (particularly for residential properties as of April 2015 or 2019).

Important Dates and Rates

The capital gains tax return is due within 60 days of the completion of the sale. Different rules may apply based on when you acquired the property and the nature of the asset:

  • Residential Property: Capital gains tax rates are 18% or 28%.

  • Commercial Property: Rates are 10% or 20%.

  • Business Property Sales: Corporation tax might apply, at rates of 19% or 25%.

Rental Income and Tax Implications

If you're an expat with rental income from a UK property, this income is taxable in the UK, affecting your overall tax rate and capital gains tax rate. Higher rates apply if your combined income exceeds £50,000.

Recent and Upcoming Changes

Both Labour and Conservative governments have made numerous changes to capital gains tax laws, with significant adjustments as recently as 2022. Upcoming elections could further influence these rates, potentially increasing them.

Reliefs and Deferrals

  • Private Residence Relief: Available under certain conditions if you’ve lived in the UK within the last seven years.

  • Deferred Payments: Possible for expats who have left the UK in the last seven years, allowing deferment of capital gains tax payments.

Compliance and Reporting

  1. Initial Return: Submit within 60 days of disposal.

  2. Tax Payment: Due within 90 days of disposal.

  3. Annual Tax Return: Report the disposal in the full tax return at the end of the tax year (next April).

Planning Ahead

Navigating these complex rules can be daunting, but careful planning can save money and manage potential liabilities. For more detailed guidance and support on capital gains tax for UK property disposals and long-term tax planning, contact us.

Your tax strategy

Book a consultant review with one of our professional expatriate tax experts who can help build an efficient tax strategy that helps navigate the changing laws.