Stirling Observer

Tax implicatio­ns of selling property

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Changes to the way UK resident individual­s, trustees and personal representa­tives report the disposal of UK only residentia­l property come into effect from April 6, 2020. The changes will mainly affect those disposing of a second home, a rental property, or properties that have not been occupied as a main residence throughout the period of ownership.

Currently, any UK resident individual, trustee or personal representa­tive disposing of residentia­l property is required to declare the disposal on a Self-Assessment Tax Return within nine months following the end of the year in which the property is disposed of and the Capital GainsTax (CGT) due will also be payable by this date.

Those not within the Self-Assessment system can report and pay CGT using the ‘Real Time’CGT service, but must do so by December 31 following the end of the tax year in which the disposal takes place.

The new rule

From April 6, 2020, in a move to bring UK residents in line with non-UK residents (and to collect tax much sooner), the disposal of residentia­l property will need to be reported to HM Revenue and Customs within 30 days of sale. Gains realised on the disposal of property that has been both residentia­l and non-residentia­l are to be apportione­d. For the purpose of the start of the 30-day window, the date of sale is the date of completion and not the exchange of contracts, which is usually used for CGT purposes and will remain the date of sale for CGT calculatio­n purposes. The payment of any CGT due will also need to be made within the 30-day window.

Does this new rule apply in all cases?

This new rule does not apply in all cases. Those whose capital gain is fully covered by Principal Private Residence Relief, brought forward losses or those that have been realised prior to this disposal, their annual exemption or where a nil gain/nil loss arises, will not need to file a Return within 30 days and should report the disposal in the normal way via self-assessment where applicable.

A sale of a main residence which is only covered by partial relief, eg. the owner has had periods of absences, will need careful considerat­ion to ensure the 30-day deadline is not missed.

Failure to file the Return within the 30 days will result in a late filing penalty. Any late payment of the CGT due will incur interest charges and possible penalty charges.

Therefore, if you are planning on selling a residentia­l property after April 6, 2020 careful considerat­ion beforehand may be required to ensure that all relevant informatio­n can be gathered, CGT calculatio­ns, and the required Return(s) prepared to allow for the submission of the Return(s), and the payment of tax due, within the 30-day window.

It is also worth highlighti­ng here further related changes coming into effect from April 2020 which reduce the final period of ownership for private residence relief from 18 months to nine months, and in practical terms abolish lettings relief.

 ??  ?? Changes New rule affects property sales
If you have any queries contact John Gold, partner at Campbell Dallas: Phone: 01786 460 030 or email: john. gold@campbellda­llas.co.uk.
Changes New rule affects property sales If you have any queries contact John Gold, partner at Campbell Dallas: Phone: 01786 460 030 or email: john. gold@campbellda­llas.co.uk.
 ??  ?? Advice John Gold, partner at Campbell Dallas
Advice John Gold, partner at Campbell Dallas

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