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Where Taxpayers and Advisers Meet

Non resident spouses and CGT on property

Brightonian
Posts:123
Joined:Wed Aug 06, 2008 3:31 pm
Non resident spouses and CGT on property

Postby Brightonian » Fri Sep 24, 2021 9:32 am

Does anyone know if it is acceptable to HMRC for non-resident spouses owning property jointly to each choose a different method of calculation of the gain? My clients are both currently non-resident but one may return this year, having been out of the UK for less than five years, while the other may remain abroad. There seems no point in using the default method for the first spouse, as he will be taxed on the normal method in any case. It may be better to use the default method for the other partner, however. I can find nothing on this. Common sense would say that it's fine to use different methods - but common sense has never been a reliable guide to tax legislation! You would, after all, have to use different methods if one spouse were resident and the other were not.
Thank you.

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