# UK TAX: CGT on property sale, non-resident vs resident & new ‘stamp duty’ regs



## pjdy70 (May 14, 2017)

Wondered if anyone has any recent experience of CGT on sale of a UK property? 

Has anyone come across a reputable online Accountant service to verify numbers? I do not trust the HMRC online calculator for CGT, and it is too big of a gamble to take, without verifying data. I have been trying to get an appointment with an Accountant I used in the past, but am discouraged by lack of communication, and I have a 2 day window that I am in the UK next month to get accurate data to decide on future plan.

Knowing that my Tenant is moving out, likely the end of the year, and we are planning a move back in summer 2019, now with kids, current house is really too small. I am therefore, thinking ,with new CGT rules that came in for non-resident’s, with April 2015 property value (which I did get done!), I would likely be better off selling, before I become UK resident again, in tax year 2019-2020. I am curious though, what my CGT liability could be if it were sold after April, and I moved back after, but in same tax year, pretty sure I would get ‘hit in the pocket.’ I know there is private residence relief, as I did live there, then I know there is Lettings relief, but not sure whether you can claim both? Or, just whichever one gives the bigger relief, would seem logical?

STAMP DUTY: anyone had any experience with avoiding the shocking 8% hit by Osborne, if you have more than one property? Hoping to prove that the potentially new property would be the ‘main residence,’ and thus, you just pay the regular SD level.

Starting to think with all these potential legal tax thefts, we will likely be living in a tent…… !


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## Dunedin (Aug 12, 2013)

Your best approach would be to set out in detail all the relevant facts if you want to obtain the best guidance. Here are a few observations to get you started.

If you sell when you are non-resident, you need to take account of both US tax and UK NRCGT.

How long have you been non-resident? You might fall within the temporary non-resident rules on your return to the UK.

If you return to the UK at the start of a tax year but become UK resident later that year, you will need to consider the split year treatment applying for that year.

If you return to the UK, and cease to be US resident, then your tax position on a sale will depend on whether you reestabish your original house as your residence before you seel it. If you do so, you will find that the main residence relief are generous. In my experience, you should start there if this might fit your personal circumstances and you will wish to minimise your tax.


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## ukReturner (Mar 23, 2017)

> If you return to the UK, and cease to be US resident, then your tax position on a sale will depend on whether you reestabish your original house as your residence before you seel it. If you do so, you will find that the main residence relief are generous.


I returned to the UK over a decade ago, so the rules may have changed since then.
However, it was very beneficial to move back into your house; if you rented out your house whilst *working *abroad, then there was no CGT liability for those years.


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