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Throgmorton: Property Disposal – New Rules

06 April 2020

From 6th of April 2020, the UK Government is changing the rules relating to the reporting and payment of Capital Gains Tax (“CGT”) due on the disposal of a UK residential property. 

Which property disposals could be relevant?

  • Property that is not your Principal Private Residence;
  • Rental properties;
  • Holiday homes;
  • Inherited property;
  • Trust property; and/or
  • Gifted property.

What are the new changes?

  • The CGT due on disposal will need to be reported and paid to HMRC within 30 days of completion of the disposal;
  • There will be a new online service for reporting and paying the CGT. Guidance will be released on this service by HMRC;
  • Non-UK residents, who currently report UK property disposals within 30 days, can no longer defer payments to the self assessment deadline of 31 January;
  • Taxpayers who do not meet the other criteria for Self- Assessment, will no longer need to register for Self- Assessment to report the capital gain and instead will report and pay through the new online service;
  • Taxpayers who are already within the scope of Self- Assessment, will need to ensure that the capital gain is also included on their Self- Assessment tax return. HMRC will be amending the Self-Assessment return to allow for this; and
  • Late filing and late payment penalties will apply, and interest will be also be

Examples where the new CGT rules do not apply

  • The legally binding property contract is made before 6th April 2020;
  • Gift of the property is made to spouse/civil partner, even after the 6th April 2020;
  • The capital gain is covered by the annual exemption (£12,000 in 2019/20); and/or
  • There is a loss on the sale of the property.

If you need further information, please complete the form below.

 

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