Javea Grapevine Issue 176 - 2015 | Page 54

In April 2015, new rules came into effect for all overseas UK property owners. Capital Gains Tax Update for ExPats selling UK property The rules affecting Capital Gains Tax obligations changed in April for exPats selling property in the UK. Up until 5th April, most exPats were able to sell their final UK property without incurring Capital Gains Tax charges. Now, the rules have changed and most of us will be liable to pay tax when we make that final decision to sell up in the UK. Capital Gains Tax may be payable on UK residential property disposals by: • non-resident individuals • personal representatives of non-residents who have died • any non-residents who are partners in a partnership • non-resident trustees • non-resident companies or funds If a property was jointly owned each owner must tell HMRC about their own gain or loss. If you are a non-UK resident you pay Capital Gains Tax on the gain when you dispose of: • a UK residential property that isn’t your main home • your main home if you’ve let it out, used it for business, had long periods of absence or it’s very large • an interest in either of the above • properties in the process of being constructed or adapted for use as a dwelling • the right to acquire a UK residential property ‘off plan’ by Gaile Griffin Peers If you have only just left the UK and are just registering as a resident here you may be able to claim exemption as you don’t pay Capital Gains Tax when you sell (or ‘dispose of’) your home if all of the following apply: • you have one home and you’ve lived in it as your main home for all the time you’ve owned it • you haven’t let part of it out, this doesn’t include having a single lodger • you haven’t used part of it for business only • the grounds, including all buildings, are less than 5,000 square metres (just over an acre) in total • you didn’t buy it just to make a gain In these cases, you don’t need to do anything. You’ll automatically get a tax relief called Private Residence Relief. If you don’t meet all these criteria you may have to pay some Capital Gains Tax. Married couples and civil partners can only count one property as their main home at any one time. As a non-UK resident you will only get Private Residence Relief on a UK residential property if: • you or your spouse or civil partner were living in the UK for that tax year • you or your spouse or civil partner stayed overnight at the property at least 90 times in the tax year (the 90 day rule) • If you only owned the property for part of the year, the 90 days are time apportioned in line with the time you were the owner. You will also get Private Residence Relief if the