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Changes in Capital Gains Tax Rules on Sale of Property

The government’s decision to implement a temporary stamp duty holiday on houses purchased under £500,000 has created an artificial boom in the UK property sector with many attempting to land a property for a lower cost than would have otherwise been the case. Soaring house prices ,a result of the uproar in demand from existing homeowners and buy-to-let investors, have unfortunately priced out first-time buyers.

Amidst all the chaos from coronavirus and the resurgence in activity in the property sector, an adjustment to the rules surrounding submission and payment of CGT on sale of second homes or buy-to-let houses has quietly slipped through the net. Under normal circumstances, individuals would have 22 months to file for CGT but since April, HMRC require any taxable gains on sale of property to be reported and paid in under in 30 days of completing the transaction.

The property market across England is booming with the exception of the City of London where demand remains subdued due to the exodus of workers seeking greener pastures(quite literally!)

Lack of awareness surrounding sudden changes in taxation policies isn’t an unprecedented issue in the UK given the 2015 situation involving non-residents who sold property and awaited until the filing of their self-assessments to report the sale to HMRC. This resulted in heavy fines which exceeded £1000 in certain cases, albeit some were later overturned on appeal. Late filings spawn an initially penalty of £100 which, a quarter later, begins increasing by £10 a day up to a maximum of £900. After 6 months, an additional fine will be levied of 5% of the tax due or £300, whichever is higher. Regarding payment of CGT, sellers of property incur a fine of 5% of the tax unpaid at 30 days, 6 months and 12 months.

Whilst the government has allowed payment of certain taxes such as VAT to be deferred for a given period of time, the CGT deadline has remained in place with HMRC pointing to the rule changes being displayed on its website. This, in conjunction with the information packs sent to conveyancers and estate agents, means the kind of leniency afforded in the aftermath of 2015 is unlikely to result at present.

A brief break-down of how the stamp-duty holiday which runs until 31 March 2021 works.

Payment of CGT doesn’t apply, however, to individuals who possess only one home which is considered to be their main residence, i.e. at which they have resided throughout ownership, if certain other conditions are met due to the availability of Private Residence Relief.

Concerned about your personal tax situation? Need assistance understanding how the capital gains tax rule applies. Then get in touch with us as soon as possible to determine your potential tax liability to avoid having to face any potential fines and penalties. Our Coventry-based accountants deliver a high quality service to minimise the CGT payable by claiming any allowances applicable and can also communicate with HMRC to extend the deadline on your CGT filing should circumstances permit for the same. Our host of taxation services can also enable you to plough back much of your profits and retain wealth for which you have worked so hard.