Dear XXXXX ,
1. Purchased May 2005 for £47,101 ( approx)
2. it was never my amin home ( had intended to live in India for 6
months a year but that did not happen )
3.I have lived in The UK since I married in 1974
4.Arising ( only income in UK my pension amounting to £4,800 pa)
5. Permanently apart from 2 to 3 months in India each year.
6.No it was not rented out.
7. Yes in dribs and drabs but I intend to invest most if not all but the original purchase price in another property in Delhi or perhaps in Goa.
8. £280,612 ( approx)
9. No it will solely be for the use of ourselves and family and friends when visiting India .
For your information the property was bought from proceeds of sale of my mother's house after her death . That sale involved payment of substantial CGT in India at a rate of 19% and HMRC have had all details of that and any other income from India which by its nature is received after tax has been deducted at source at a rate of 30% . Sadly over the past 3 years there has been very little to pay as most of my investments lost rather than gained which is why I have had to sell the apartment in Delhi.
Finally I have read the Double Taxation Treaty between UK and India and I note that at Clause 14 it states that each contracting state may tax capital gains in accordance with the provisions of its domestic law .