Tax liability on UK property sale: GC holder Vs US Citizen
#16
Re: Tax liability on UK property sale: GC holder Vs US Citizen
Michael - you are talking about Capital Gains. This is regarding Exchange Rate gains - a seperate issue. We are having this discussion with PWC ( who do our taxes) at the moment. I have just asked the same question as we bought our house 8 years ago, but regularly chnage lenders to take advantage of cheaper rates. They said they need to know every time we have changed our mortgage so they can work out the exchange rate gain or loss each time eek! If only we were made aware of this before we moved over we would have sold our house before the move. I am not trying to scare anyone - but want to make you aware of the potential tax liability. we were told that the gain would be taxed at your current tax rate - as it is not capital gains. If you need to clarify this you should get a tax advisor - but we were extremely shocked to say the least. It is beginning to feel like the IRS has us by the short and curlies!!
The tax law is based on an American investing in foreign equities, currencies, properties, or any passive investment that produces a gain or a loss. It is no different than if an American invested in a mutual fund that purchased UK equities. When the the mutual fund is purchased so many US$ was spent to purchase the fund and when it is sold, so many US$ are received. The IRS doesn't care how many pounds were used to purchase the mutual fund nor does it care how many pounds were received but only the amount of US$ that were paid and the amount of US$ received and that is all capital gains. The IRS doesn't make the investor try to figure out the exchange rate so that the IRS can tax part at one tax rate and another part at another tax rate. Since all of the investment combined is capital gain or loss in relation to the US$, it doesn't make any difference to the IRS.
In fact some of my investments outside the US were done purposely to take advantage of strong dollar in the hopes of selling the investment when the dollar was weak creating part of the gain from equity gains and part from a favorable currency exchange. When I purchased the equities, I wouldn't have purchased the equities if I thought the dollar would get weaker.
Last edited by Michael; Apr 19th 2011 at 2:54 am.