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Capital Gains Tax UK Rental Property

Capital Gains Tax UK Rental Property

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Old Jul 8th 2015, 2:02 pm
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Default Capital Gains Tax UK Rental Property

Hello,

Has anyone had any experience in selling their UK property after they have lived in the US for a number of years.

We currently rent our UK place out, but when we sell this we want to do so in the most tax efficient way possible.

We want to avoid having one of us moving back for 90 days to sell it as our primary residence. Is any differential made between primary residence and primary UK residence? How do our friends at HMRC get proof of occupancy, and what would we have to provide for these 90 days if we did have to go back to avoid paying CGT?
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Old Jul 8th 2015, 2:08 pm
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Default Re: Capital Gains Tax UK Rental Property

You're facing US CGT rules - and the US IRS only exempts CGT if you've lived in it for two of the past five years, so three years after you move out of it, you're on the hook.

It is also impossible to roll a gain on non-US property into a purchase of US property.

In short, if you sell you're going to be paying US CGT.

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Old Jul 8th 2015, 3:48 pm
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Default Re: Capital Gains Tax UK Rental Property

Originally Posted by Derekdunn1873
Hello,

Has anyone had any experience in selling their UK property after they have lived in the US for a number of years.

We currently rent our UK place out, but when we sell this we want to do so in the most tax efficient way possible.

We want to avoid having one of us moving back for 90 days to sell it as our primary residence. Is any differential made between primary residence and primary UK residence? How do our friends at HMRC get proof of occupancy, and what would we have to provide for these 90 days if we did have to go back to avoid paying CGT?
I moved this thread moved out of the U.S. Immigration forum because it is not related to visas or citizenship. Please do not open duplicate threads. Thank you.
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Old Jul 8th 2015, 4:24 pm
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Default Re: Capital Gains Tax UK Rental Property

We sold our London flat at the end of 2013 but for UK tax purposes, the rules have changed recently. There is now only 18 months of personal exemption of a rental property that you once lived in i.e. 18 months after having rented out, you'll start attracting CG on any profit. I think this came into effect on any property sales after April 2014.
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Old Jul 8th 2015, 4:32 pm
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Default Re: Capital Gains Tax UK Rental Property

Originally Posted by IlAlfie
We sold our London flat at the end of 2013 but for UK tax purposes, the rules have changed recently. There is now only 18 months of personal exemption of a rental property that you once lived in i.e. 18 months after having rented out, you'll start attracting CG on any profit. I think this came into effect on any property sales after April 2014.
Agreed, but hypothetically if the OP can circumvent UK CGT (which I am doubtful he can without getting dangerously close to commiting tax fraud), he will still be liable for US CGT anyway. If he pays UK CGT it can be credited against any US CGT liability.
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Old Jul 9th 2015, 12:06 pm
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Default Re: Capital Gains Tax UK Rental Property

Originally Posted by Pulaski
Agreed, but hypothetically if the OP can circumvent UK CGT (which I am doubtful he can without getting dangerously close to commiting tax fraud), he will still be liable for US CGT anyway. If he pays UK CGT it can be credited against any US CGT liability.
Dangerously close i can handle... I agree that i will have to pay US CGT, but would rather give my money to the US than see the UK get it...

Anyone able to give any advice on Non-Domeciled status and how that could help with tax matters? Does this still have an effect on inheritance tax?
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