Non-resident UK property sales

Posted on 11th June 2024 by Streets - Capital Gains Tax

There are specials rules that apply to UK property sales by non-residents. Since 6 April 2020 non-residents have needed to report and pay any non-resident Capital Gains Tax (CGT) due if they have sold or disposed of:

residential UK property or land (land for these purposes also includes any buildings on the land);
non-residential UK property or land;
mixed use UK property or land; or
rights to assets that derive at least 75% of their value from UK land (indirect disposals).

A CGT charge on the sale of UK residential property by non-UK residents was introduced in April 2015. Only the amount of the overall gain relating to the period after 5 April 2015 is chargeable to tax.

A UK non-resident that sells UK residential property needs to deliver a non-resident CGT (NRCGT) return and pay any CGT within 60 days of selling a relevant property. The return must be made whether or not there is any NRCGT to be paid. Even if there is a loss on the disposal and where the taxpayer is due to report the disposal on their self-assessment tax return.

There are penalties for failing to file the NRCGT return within the deadline as well as for failing to pay any tax due on time.

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