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Sam, Accountant
Category: UK Tax
Satisfied Customers: 6490
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
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I am a UK citizen who left the country in 1974 a lived

Customer Question

I am a UK citizen who left the country in 1974 a lived abroad for 18 years. I established my base in Italy and bought a house there in 1985. In 1992 I came to the UK to educate my children with the intention of returning to Italy at the end of their education. The UK tax authorities agreed that I was domiciled in Italy, where I had a home and business connections. Last year, as planned, I left the UK and returned to Italy. I am currently selling my Italian house and buying another. My long-term intention is to live in Italy, but I may have to spend a considerable time in the UK in the 2017-18 tax year. Is there a risk that the capital gain on my Italian house might be considered taxable in the UK even though I was living outside the country when it was bought and when it was sold?
Submitted: 10 months ago.
Category: UK Tax
Expert:  Sam replied 10 months ago.


Thanks for your question - I am Sam and I am one of the UK tax experts here on Just Answer.

Domicile has no bearing on the UK tax position - its all based on residency -

So the main factors that will need establishing are

1) What date did you leave the UK last year

2) What visits will you have in the UK between now and 05/04/2017 and will any of these be for work purposes

3) Do you own any other property and did you return to live in this same property you plan to sell

4) Why will you spend a considerable amount of time in the UK during 2017/2018

5) How much time you do envisage spending in the Uk for 2017/2018

6) And what do you envisage your plans are after 2017/2018 in terms of where you will reside and what time you might spend in the UK

7) Did you rent out the Italian property between 1992 and last year and if so was any rental income declared to HMRC