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Where Taxpayers and Advisers Meet

I was given a property in the UK. Do I have to pay C.G.T as a non UK citizen ?

bjornhunt
Posts:2
Joined:Wed Aug 06, 2008 3:02 pm

Postby bjornhunt » Thu Sep 18, 2003 10:17 pm

In 1998 my Grandmother left me a flat in London. She transferred the property in my name, and continued to live there. I have never lived there, but the property has been in my name for these years. Now, I have sold the property for £208.000. Do I have to pay any capital gain tax to the UK as a non UK citizen ? If so, how much do I have to pay ?

Nigel Lord
Posts:518
Joined:Wed Aug 06, 2008 2:18 pm

Postby Nigel Lord » Fri Sep 19, 2003 12:37 am

Bjorn

You will be treated as having acquired the flat at its open market value at the date it was gifted to you, as you are a connected person with your grandmother.

Any gain relative to the deemed acquisition price would potentially be subject to UK CGT less any available deductions and reliefs, i.e:

Costs of sale (legal and agency fees etc.)

Open market value at date of acquisition

Costs of acquisition (legal and search fees, survey fees, stamp duty etc.)

Indexation allowance (if bought prior to 31 March 1998)

Improvement expenditure

Indexation on improvements (if undertaken prior to 31 March 1998)

Capital losses arising in the same tax year

Taper relief (from 1 April 1998)

Unused annual exemption(s)

Losses brought forward

Your status as a non-UK citizen does not directly affect your liability to CGT. If you are non-resident and not ordinarily resident you will not be liable to UK CGT but may be liable to tax in the jurisdiction where you are resident. Otherwise you will have a possible UK tax liability.

If you would like me to determine whether you have a tax liability please let me have full details of your personal circumstances.

Nigel Lord
Lord Associates
Taxation & Business Consultants
Caxton House
Old Station Road
Loughton
Essex, IG10 4PE
020 8418 9101 & 07769 931852
mail@lordassociates.co.uk

Barryc
Posts:1
Joined:Wed Aug 06, 2008 3:05 pm

Postby Barryc » Fri Sep 19, 2003 4:57 am

Additional Question - Is there any tax allowable for a dependent relative occupying such a property until their death?

Nigel Lord
Posts:518
Joined:Wed Aug 06, 2008 2:18 pm

Postby Nigel Lord » Fri Sep 19, 2003 5:03 am

Barryc

Only if they accupied the property prior to 5 April 1988 when dependent relative relief was abolished, or the property was held in trust with the dependent relative as a beneficiary.

Nigel Lord
Lord Associates
Taxation & Business Consultants
Caxton House
Old Station Road
Loughton
Essex, IG10 4PE
020 8418 9101 & 07769 931852
mail@lordassociates.co.uk


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