The only house we own in England is an apartment with a buy-to-let…

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Answer 1

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1/2/2012

UK Tax Professional: Sam, Accountant replied 11 years ago

Sam, Accountant

Category: UK Tax

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Hi

Thanks for your question

Yes, but whether this arises in the UK is dependent on how long you have been absent from living in the UK, and what visits (approx) you make back to the UK each tax year.

Could you advise the date you left the UK to take up residence abroad, and what visits you have made for each tax year (even if approx) since your departure

Thanks

Sam

Answer 2

UK Tax Professional: Sam, Accountant replied 11 years ago

Hi

Thanks for your response

Then you will be treated as resident and ordinarily resident as you spend an average of more than 90 days a year in the UK, so yes, the house will incur a UK capital gain position.

To be treated as not resident - you would have to had left the UK for a permanent move, and that your visits back to the UK do not exceed an average of 90 days each tax year.

Whilst there is some definite move to be considered here (although maybe not so much in the recent years) you do appear to exceed more than 90 day visits each tax year, so this sale should be declared to HMRC in due course

Thanks

Sam

The only house we own in England is an apartment with a buy-to-let…

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